Court No. - 9
Case :- CIVIL REVISION DEFECTIVE No. - 55 of 2019 Revisionist :- Vaishampayan Singh @ Raju Opposite Party :- Ranjana Singh Counsel for Revisionist :- R.K. Shahi
Hon'ble Jayant Banerji,J.
Heard learned counsel for the revisionist.
This revision has been filed challenging the order dated 13.9.2019 passed by the Additional Principal Judge, Family Court, Basti in Execution Case No. 114 of 2017 (Ranjana Singh Vs. Vaishampayan) arising out of Original Suit No. 512 of 2013.
It appears that an application under Section 9 of the Hindu Marriage Act was filed by the plaintiff-respondent which came to be allowed and thereafter for execution of the same the plaintiff-respondent filed the aforesaid execution case. The contention of the learned counsel for the revisionist is that an application under Section 47 of the C.P.C. was filed by the defendant-revisionist which came to be disposed of by the impugned order of the court below dated 13.9.2019 observing that in the appeal filed by the defendant-respondent against the order allowing the application under Section 9 of the Hindu Marriage Act, no stay order has been passed by the High Court, and, therefore two month's time be given to him for filing any order that may be passed by the High Court.
The contention of the learned counsel for the revisionist that once an appeal has been preferred by the defendant-revisionist, the court below cannot proceed for execution of the decree. Learned counsel has not been able to substantiate his plea in this regard. Moreover, evidently the defendant-appellant has not got any stay order in the appeal filed by him challenging the order passed by the court below under Section 9 of the Hindu Marriage Act. The order impugned disposing of the application under Section 47 of the C.P.C. suffers from no error or infirmity of jurisdiction that could merit interference in the present case.
This revision is, accordingly, dismissed.
Order Date :- 26.11.2019 A. V. Singh Digitally signed by Justice Jayant Banerji Date: 2019.11.26 16:38:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad