Ajay Thakur vs Rekha Devi
2023 Latest Caselaw 13763 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                C R No. 19 of 2023
                                                Decided on: 15.09.2023




                                                                    .

    Ajay Thakur.                                                 ....Petitioner.

                                        Versus





    Rekha Devi .                                                 ...Respondent.

    Coram





    The Hon'ble Mr. Justice Satyen Vaidya, Judge.
    Whether approved for reporting? 1

    For the petitioner          :       Mr. Gurdev Negi, Advocate.

    For the respondent                  :       Mr. Surinder Saklani,

                                                Advocate.


    Satyen Vaidya, Judge (Oral)

Aggrieved against order dated 20.12.2022,

passed by learned Civil Judge, Jhandutta, District

Bilaspur, H.P. in application No. 672-6 of 2022,

petitioner has approached this Court.

2. Petitioner is faced with an ex-parte money

decree. He has filed an application under Order 9

Rule 13 of the Code of Civil Procedure, for setting

aside the ex-parte decree against him. During the

1 Whether reporters of the local papers may be allowed to see the judgment?

pendency of the application for setting aside ex-parte

decree, petitioner is simultaneously facing the

.

execution of ex-parte decree passed against him

before learned Executing Court.

3. Petitioner filed an application under Order

21 Rule 26 of the Code of Civil Procedure, seeking

stay on the execution proceedings on the ground that

in case his application under Order 9 Rule 13 of the

Code of Civil Procedure, is allowed, he will be

prejudiced and will have to face multiplicity of

litigation. Learned Executing Court has declined the

prayer made on behalf of the petitioner and thus, the

petitioner is before this Court by way of instant

petition.

4. Learned counsel for the petitioner has

submitted that petitioner is ready to deposit a sum of

Rs. 3 lacs before learned Executing Court within six

weeks from today.

5. In view of the submission made by learned

counsel for the petitioner, the petition is disposed of.

The impugned order dated 20.12.2022, passed by

learned Civil Judge Jhandutta, District Bilaspur, H.P.

in application No. 672-6 of 2022, is set aside. It is

.

directed that the execution proceedings in Civil Suit

No. 63-1 of 2021/18, shall remain stayed, subject to

petitioner depositing a sum of Rs. 3 lacs with learned

Executing Court within six weeks from today. It is

clarified that in case the petitioner fails to deposit

the amount of Rs. 3 lacs within the time as mentioned

above, respondent-decree holder shall be at liberty to

execute the decree in accordance with law.

6. Pending miscellaneous application(s), if

any, shall also stand disposed of.

                                              (Satyen Vaidya)
    15th September, 2023                           Judge





         (sushma)