Vinod Kumar Sharma v. Seikh Vajir

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 96 of 2018 • Vinod Kumar Sharma S/o Late P.R. Sharma Aged About 45 Years R/o Railway Q.No. 13/1 N.E. Colony Bilaspur Tahsil And District Bilaspur Chhattisgarh ---- Petitioner

Versus

• Seikh Vajir S/o Late Seikh Juman Aged About 38 Years R/o Railway Colony Bangla Yard Bilaspur Tahsil And District Bilaspur Chhattisgarh. ......(Decree Holder) ---- Respondent For Petitioner :

Shri A.N. Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 31/01/2018

1. Heard.

2. The instant petition is against the order dated 08.11.2017, whereby the petitioner's prayer to stay the recovery of the decreetal amount till the application under Order 9 Rule 13 CPC is decided has been rejected.

3. Learned counsel for the petitioner would submit that the petitioner is suffering an ex-parte decree dated 30.09.2015 passed in Civil Suit No.112B/2015 whereby a decree of Rs.1,18,913/- was granted without notice to the petitioner.

4. Perusal of the order would show that the application under Order 9 Rule 13 CPC is also pending adjudication before the Court below. The trial Court

after evaluating the facts can arrive at a fact finding issue, therefore, I am not inclined to interfere with the order. The trial Court is directed to decide the application under Order 9 Rule 13 CPC within a period of 45 days from the date of receipt of this order. With such observation, the writ petition stands disposed of.

Sd/- Goutam Bhaduri Judge Ashu