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2018 DIGILAW 73 (PNJ)

Karnail Singh v. Jagmal Singh

2018-01-10

HARI PAL VERMA

body2018
JUDGMENT : HARI PAL VERMA, J. 1. The petitioner-defendant has filed the present revision petition under Article 227 of the Constitution of India for setting aside the order dated 01.10.2016 (Annexure P-6) passed by the learned Additional Civil Judge (Senior Division), Sub Division, Bilaspur, whereby the application filed by him for stay of execution proceedings was dismissed. 2. Learned counsel for the petitioner has submitted that as the application under Order 9 Rule 13 CPC is pending before the Civil Judge (Senior Division) Bilaspur, the trial Court be directed to expedite the proceedings in the said application. 3. Learned counsel for the respondent-plaintiff has no objection. However, he has stated that the petitioner intends to delay the proceedings, therefore, some time bound directions be given to the trial Court to conclude the proceeding. 4. Having heard learned counsel for the parties and in view of the stand taken by the respective counsels, the present petition is disposed of with a direction to the Additional Civil Judge (Senior Division) Bilaspur, to conclude the proceedings pending in the application under Order 9 Rule 13 CPC expeditiously, preferably within a period of three months, from the date of receipt of copy of this order. 5. Till the decision of the application, the execution proceedings be held in abeyance.