mm 200 m WW (W) § mmm ‘ ammm WWW amw‘zém §wimm HIGH COURT OF CHHATTISGARH AT BILABPUR Writ Petition [2271 No. 1686 of 2008 PETITIONER Sm1. Sheila Kuldeep, aged 56 yrs. Wife of Sri Profession, through Shri Jagmohan Kuldip, P r of Attorney holder, Resident of a House at ard No.04, Nayapara, Mahasamund, and District Mallaswnund, RESPONDENTS 1 . DEGREE HOLDER R ul Tarlk, aged 26 yrs. Son of Sri Yogendra , Resident of a House at Raman Mandir B aj Makhija, aged 43 yrs. Son of late Ja dish Makhiza, Businessman by Pr ession, Resident of House at Punjabi Co my. Dayalband, Bilaspur, Tahsil and 2. Ku Suneeta Tiwari, aged 36 yrs. Daughter of Pdce Line, Takhalpury Disuicl. Bilaspur, (3. , Fafadih, Raipur, Tahsil and District RaJ pur, Chhattisgarh ORAL ORDER 19. 03. 2008 DHIRENDRA MISHRA, J. Shli Sanjay K. Agrawal, with Shn' Somabh Shanna, counsel for the petin'oner. Heald. By this petition under Article 227 of Constituiion of India, the petitioner has impugned the order dated 5. 12.2007 passed by the 10¢ Additional District Judge, Raipur in Execution Case No.11A/O4, whereby the Execut'ng Court has rejected the A» y nr » 1 f l I . APPLICANT Jagmohan Kuldeep, Govt. Teacher by m o ‘e W k d WWW ,1“ application pmfermd by the petitioner under Secu'on 151 of the C.P.C. for staying the cxccutic >n pmceedings. Learned counsel for the petiu'oncr submits that thé re'spondent No.1 has obtained the decree against the respondent No.2 Without maying the pet .tioner as defendant and the decree is sought to be executed by the zespondent No.1 in the execuh'on proceedings. The petitioner is a subsequent purchaser, as he ‘ purchased the property after assing of the decree bonandely. The petitioner has aheady institu d a civil suit for declamh‘on that the judgment and decree, whic is sought to be executed, is not binding upon him and in se facts, he moved an application under Section 151 of CPC fo staying the execution proceeding, as the petitioner is in possess of the suit property. However, the ‘ same has been rejected by executing Court with an observah'on that ming of civil suit alone After hearing learned ounsel for the petitioner and after perusing the rmpugred orde as also the documents annexed wrth/ the record this Court 1s s usned that there 1s no megahty or Iniirmvty or Jurisdictional committed by the Court below whrlf- passing the impugied which warrants Interference 1n exercise of jurisdiction 11nd r Arucle 227 of the Constitution of India. In the result, the peti ' n being devoid of substance deserves rdingly hereby dismissed attire . WWK%%W *afhnm y not be a reason foristay. to be dismissed and is admission smge itself. Sdl- e‘ ‘ Dhirendra M1Shra J“dge " y ' e i e r o r o w