Major Singh v. Saudagar Singh

CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Harsh Aggarwal, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 27.01.2011 (Annexure P-6) passed by the Executing Court, whereby the application filed by the JD-petitioner for staying the execution proceedings, was dismissed. The counsel for the petitioner has submitted that execution proceedings should be stayed till the decision of the application under Order 9 Rule 13 CPC, which is pending adjudication and no security could be asked for as his property is already under attachment. In view of the matter, this petition is accepted, the impugned order dated 27.01.2011 (Annexure P-6) is set aside and the trial Court is directed to examine the reply dated 11.10.2010 filed by the DH and pass an order regarding stay of execution, accordingly, if the property of the JD-petitioner is already attached, then the security may not be asked for. This petition is disposed of without issuing notice to CR No. 1581 of 2011 (O&M) 2 the respondent with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move to this Court for recalling this order. 07th of March, 2011 (A.N.JINDAL) JUDGE