WPMS/2942/2023
2023 Latest Caselaw 3198 UK

Citation : 2023 Latest Caselaw 3198 UK
Judgement Date : 18 October, 2023

Uttarakhand High Court

WPMS/2942/2023 on 18 October, 2023

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 WPMS No.2942 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Shivanand Bhatt, learned counsel for the petitioners.

As against the judgment dated 24.11.2022 as it was rendered in Suit No.149 of 2021, the present petitioners are the applicants to the application under Order 9 Rule 13 of the CPC, which was filed along with the delay condonation application under Section 5 of the CPC, which has been rejected by the learned trial Court.

Being aggrieved against the said order of rejection of Application (Paper No.3A1), the petitioners have preferred Misc Civil Appeal No.107 of 2022, "Bhup Singh and Others Vs. Sushila" being the Misc. Civil Appeal filed under Order 43 Rule 1(d) of the CPC.

From the record, it is not clear as to whether the petitioners have filed any stay application along with the pending appeal under Order 43 Rule 1(d) of the CPC.

Hence, in the absence of there being any interim order granted by the learned Appellate Court, which is seized with the proceedings against the rejection of an application under Order 9 Rule 13 of the CPC, the appropriate recourse available to the applicant would be to file a stay application in pending misc. appeal and press the same if it has not already been filed.

The action taken by the decree holder of pressing the execution, being Execution Case No.69 of 2019, cannot be said to be vitiated.

Hence, while dismissing this writ-petition it will be left open for the petitioners to file an interim application in the pending Misc.Civil Appeal No.107 of 2022 and seek their interim order as against the ex parte decree of 13.05.2019.

Subject to the aforesaid, the writ-petition stands dismissed.

(Sharad Kumar Sharma, J.) 18.10.2023 Sukhbant