IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 47 of 2008 (M/S) Shri Ramji Pandey S/o Lalla Ramji Pandey ..……… Petitioner. Versus Sri Mandir Narsingh Puri ……… Respondent. Ms. Anjali Noliyal, Advocate on behalf of Mr. Vivek Shukla, Advocate for the petitioner. Mr. Narendra Bali, Advocate for the respondent. Hon’ble Tarun Agarwala, J. Heard Ms. Anjali Noliyal, the learned counsel holding the brief of Mr. Vivek Shukla, the learned counsel for the petitioner and Mr. Narendra Bali, the learned counsel for the respondent. A suit for eviction instituted in the year 1995 was decreed. The defendant filed a first appeal and, thereafter, a second appeal which were dismissed. The decree was put in execution by the decree holder in the year 2006. Upon issuance of the notice, the judgment debtor appeared and filed an objection u/s 47 of the C.P.C. An application for stay of the decree was also passed. The executing court passed an order directing that the decree will not be executed till the disposal of the objection filed by the judgment debtor u/s 47 of the Act. The decree holder, being aggrieved by this order, filed a revision which was allowed and the injunction granted by the executing court was set aside. The judgment debtor has filed the present writ petition in which an interim order was passed staying the effect of the order passed by the revisional court. Admittedly, the objection filed by the judgment debtor u/s 47 of the C.P.C. was the first of such objection which was required to be adjudicated and decided by the executing court. While entertaining such an application, the executing court stayed further execution proceedings, which, in my opinion, was rightly done. 2 Consequently, the court is of the opinion that the revisional court should not have interfered in the said order passed by the executing court. In view of the aforesaid, the writ petition is allowed. The order passed by the revisional court is set aside and the interim order passed by the executing court will remain in operation till the disposal of the objection filed by the judgment debtor u/s 47 of the C.P.C. The writ petition is allowed. The court further directs the executing court to decide the objection of the petitioner/judgment debtor filed u/S 47 of the C.P.C. within six weeks from the date of the production of a certified copy of the order. (Tarun Agarwala, J.) Dated 08.07.2010 Shiv