Riyajauddin v. Geeta

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 5/2020 RIYAJAUDDIN ..... Appellant Through:

Mr.D.K. Sharma and Mr.Sumit Saharawat, Advs.

versus GEETA ..... Respondent Through:

Nemo

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.02.2020 CM 7510/2020 Exemption allowed, subject to all just exceptions. EX.F.A. 5/2020 & CM 7509/2020 This appeal has been filed challenging the order dated 10.02.2020 passed by the learned Executing Court in Execution No.630/2018, Geeta v. Riyajuddin.

The learned counsel for the appellant does not deny the fact that there is no order of stay granted by the learned Appellate Court against the decree of which execution has been prayed and granted by the Impugned Order. The only submission of the learned counsel for the appellant is that the appeal is now listed before the learned Appellate Court on 03.04.2020. In the absence of an order of stay, mere pendency of the said appeal cannot be a ground for challenging the order impugned in the present appeal. The appeal is therefore dismissed.

NAVIN CHAWLA, J FEBRUARY 25, 2020/Arya