Ajay Thakur vs Rekha Devi on 15 September, 2023

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Himachal Pradesh High Court

Ajay Thakur vs Rekha Devi on 15 September, 2023

Bench: Satyen Vaidya

    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




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

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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 of stay on the execution proceedings on the ground that in case his application under Order 9 Rule 13 of the rt 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 ::: Downloaded on - 16/09/2023 20:34:00 :::CIS 3 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 of clarified that in case the petitioner fails to deposit the amount of Rs. 3 lacs within the time as mentioned rt 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)





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Himachal Pradesh High Court