!! 1 !! S.B. CIVIL REVISION NO.93/2009 (Teja Ram Vs. Superintending Engineer & Anr.) Date of order :: 04.11.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.Saruparia, for the petitioner. Mr.Manoj Bhandari, for the respondents. Un-disputedly the stay order dated 18th December, 2007 was granted by this Court in S.B. Civil First Appeal No.588/2007, but it was not brought to the notice of executing court by the respondents in time, therefore, before information by the appellant, the executing court executed the decree and disbursed the amount of Rs.1,30,000/- to the appellant. Thereafter, an application was filed by the respondents before the trial court, in which, it was pointed out that there is stay in existence passed by the High Court in first appeal. Upon that application, the impugned notices were issued by the trial court to the appellant, which is under challenge. Admittedly, the information with regard to stay order granted by this Court on 18th December, 2007 in appeal was not brought to the notice of Executing Court by the appellant, therefore, the executing court executed the order. The present appellant is regular employee !! 2 !! of the respondent-department and amount of deduction from his salary is lying with the department, therefore, in the interest of justice, this revision petition is disposed of with the direction that proceedings initiated by the Additional District Judge (Fast Track) No.2, Bhilwara against the appellant shall be dropped, provided appellant furnishes undertaking before executing court that in the event of allowing of appeal filed by the respondents before this Court against the judgment and decree passed by the civil court on 14th August, 2007 he will deposit the decreetal amount of Rs.1,30,000/-. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-