C/Fmg/ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w P. No 7§gg /2006 (s B) CC) ’V’ PETITIONER : f/Vibhash Das Judgement debtor/ S/o. Sukumar Das Defendant before thx Tr1a1 Judge Aged about— 52 years, e Occupation- Electrical Driver R/o.- Railway Quarter No. . 160/5 , Mamhakka Road, Raigarh Distt.- Raigarh (C.G.) VERSUS REs‘PbNDENTs : Nipendranath Samant Plaintiff/ S/ o. Vijaykrishna Samant ‘ Decree Holder before Aged about— 58 years, the Trial Judge Occupation— Business R/ 0.. — Gaushalapara, Raigarh Distt.— Raigarh (cc) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE 7a . - WRIT, WRITS, DIRECTION ETC. TO DO JUSTICE IN THE MATTER. H XI—HC-78 \ \\%3 mw,m W mw££‘t)‘.$§ a : { £ 2 0 0 WW(W) WWW WWW mmmamém WW§WW %af%na1%m 16.1 .2007: Mr‘ Manoj Jaiswai counsel for the petitionerV By this petition the petitions-r has impugned the order dated 28.2006 of annexure P—1 passed by learned Additiona! District Judge, Raigarh in Execution Case No. 193/2004 whereby in a proceeding under Order 9 Rule 13 of the CPC for setting aside the ex pane decre a, the appiication for staying the execution of the decree has been aiiowed on t condition that the decree hoider deposits a sum oi Rs 36 000/- out or the deer tai amount ' Learned counsel for the pe itioner submits that the Court below ought to have stayed the execution of the i pugned decree Without any condition and in stead of this; warrant of arrest for ommitting the petitioner to the Civil Jail has been issued as the petitioner did n tdeposit the sum as directed ents annexed with the petition it is observed From perusal of the docu that the ex parte decree was passed against the petitioner. The petitioner moved an application for setting aside the ex' parte decree He aiso moved an application for staying the execution of the decree and the Court below stayed the execution of the decree on the condition that the judgment debtor deposits a sum of Rs 361000s E‘ v in these circumstances this Court is of the considered opinion that there is no jurisdictional error in the impugned order which calls for any interference from this Court under Article 227 3f the Constitution of lndia. Thus the petition has no substance and therefore accordingly dismissed. it is the same is liable to be dismissed Sdl- ‘Dhirendra Mishra Judge P.T.O.