Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2603 of 2019 Petitioner :- Rambir Singh Respondent :- Sarjeet Singh Counsel for Petitioner :- Avnish Kumar Srivastava Counsel for Respondent :- Satyendra Nath Tripathi,Ajitam Srivastav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Ajitam Srivastava, learned counsel for the respondent and perused the record.
Present petition has been filed challenging the impugned order dated 2.4.2019 passed by the Additional Civil Judge (S.D.), Meerut in Execution Case No. 03 of 2018 (arising out of Original Suit No. 1158 of 2004).
By the impugned order application filed by the petitioner for adjourning execution case in view of the fact that Second Appeal (Defective) No. 99 of 2019 is pending before this Court. Application has been rejected only on the ground that merely because of pendnecy of the appeal proceedings cannot be stayed.
In the facts and circumstances of the case, I am not inclined to interfere in the impugned order.
Present petition is according dismissed.
The petitioner is at liberty to move appropriate application before the second appellate Court for redressal of his grievances.
No order as to costs.
Order Date :- 29.4.2019 Abhishek