CRP 125/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. A. Kalita, learned counsel for the petitioner as well as Mr. S heeladitya, learned counsel appearing for the respondent. The petitioner, who is the judgment debtor, has filed this present petit ion challenging the notice dated 05.01.2011 issued by the learned Civil Judge No .3, Kamrup, Guwahati, in Money Execution No.7/2009 and also the order dated 18.0 1.2011 passed therein directing satisfaction of the decree dated 28.08.2008 pass ed in Money Suit No.108/2007, contending that the learned Executing Court ought not to have issued such notice and passed such order, as the application filed b y the petitioner under Order 9 Rule 13 of the CPC for setting aside the ex-parte decree on 28.08.2008 in Money Suit No.108/2007 is pending. Producing a copy of the order dated 22.11.2011 passed by the learned Civ il Judge No.3, Kamrup at Guwahati, in Misc.(J) Case No.152/2010, which proceedin g has been registered on the basis of the application filed by the revision peti tioner under Section 5 of the Limitation Act praying for condonation of delay in filing the application under Order 9 Rule 13 of the CPC, it has been submitted that the said proceeding has also been dismissed. The said position is evident f rom the certified copy of the aforesaid order dated 22.11.2011 produced by Mr. S heeladitya. In view of the above, the cause in the revision petition does not surviv e and hence it is dismissed. Copy of the said order dated 22.11.2011 passed in Misc.(J) Case No.152/2 010, as produced by Mr. Sheeladitya, is kept on record.