IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 1932 of 2007 RATAN SINGH GEHLOT V/S VIJAYA BANK Mr. ANUJ KALA, for the appellant / petitioner Date of Order : 17.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the appellant, perused the impugned order. By the impugned order, the learned trial Court has dismissed the appellant's stay application, wherein the appellant has prayed for staying the execution proceedings No.31/2006 and the auction proceedings being taken therein. The appellant filed the suit under Order 37 Rule 4 read with Section 151 CPC for cancelling the final decree dated 19.10.2005 and preliminary decree dated 16.8.2004 passed in Civil Suit No.531/04 (92/92) “Vijaya Bank Vs. M/s.Ratan Singh Gehlot” by A.D.J. (Fast Track) No.3, Jodhpur. Admittedly, the suit No.531/04 was not a suit filed under Order 37, but was a regular suit. In such circumstances, on the face of it, the suit could not be maintained under Order 37 Rule 4 for cancelling the decree passed in the regular suit. In that view of the matter, if the learned trial Court has dismissed the prayer for stay, I do not find any ground to interfere therewith. The appeal even without going into the question about its maintainability, is dismissed on merits. ( N P GUPTA ),J. /tarun/