IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (2271 N0. C~^Q\^ /2010(S.B.l PETITIONERS/ DEFENDANTS/ JUDGMENT tf . 1. Rajwa Ram S/o Munher DEBTORS 1°..-;-:^. .^•"^^ 9(85° Sahu, aged about 55 years. ....I.D-"" ^ 2. Radhey Shaym S/o Rajwa Ram, aged about 35 years, Both residents of village - Usarwara, Tahsil- Gurur Distt. Durg (C.G.) VERSUS RESPONDENTS PLAINTIFFS/ DECREE HOLDER :'\'"1 VSS^! s-g^u [i>\.K:K d/ 2. 3. 4. Chandra Shekhar, S/o Chandu Lal, aged about 39 years, R/o village Khartuli, Tahsil and Distt. Dhamtari (C.G.) Balaram S/o Munher, aged about 65 years. Kachari Bai, W/o PChem Lal, aged about 67 years. Respondent N0. 2 to 3 are residents of Village Usarwara, Tahsil- Gurur Distt. Durg (C.G.) Rajmat Bai, W/o Gajaram, aged about 48 years, R/o Village Dhobanpuri, Tahsil Gurur, Distt. Durg (C.G.) ri.' WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Bffis® %i^ laiitii f^l • BS!•i• ili iffi iffl Bifii s'S. B BBS ^e^Sii BE9 ia i1 mGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra Writ Petition (227) No. 7012/2010 PETITIONERS : Rajwa Ram and another Versus RESPONDENTS : Chandra Shekhar and others Appearance: Shri B.P. Singh, counsel for the petitioners. W/MT PETITION UNDER ARTICLE 227 OF THE CONSTrTUTION OF ENDIA ORAL ORDER (03.12.2010) (2) The MJC court before whom petitioners applieation uader Order 9 Rule 13 of CPC for setting aside ex-parte deoree dated 18/06/2008 is pendiag has refused to stay the execution ofthe ex- parte decree. (3) Leamed counsel would submit that the ifthe ex-parte decree is executed and a sale deed is registered in favour ofthe decree holder, the MJC shal! become infmctuous or in any case it will create complication which can be avoided. (4) On pemsal of the documents annexed with the writ .petition it would appear that the leamed MJC Court should have been stayed the ex-parte decree because otherwise in the event of execution of the decree it will create unnecessary complication. The merits of the "application under Order 9 Rule 13 CPC or the question regarding 2' condonation of delay in filing the same are matters t separately by the court. with ;5) Conseqiiently, it is directed that the execution ofthe. ex-parte decree dated 18/06/2008 in Givil Suit No. 2-A/2007 shall remain stayed during pendency of the MJC proceedings under Order 9 Rule 13 ofCPC for setting aside the said ex-parte decree. It is also directed that the MJC Court sfaall do well to dispose of the MJC as eariy as possible and within the outer limit offour months. (6) Since this petition is disposed of at admission stage without issuing notice to the respondents, it will be open for the respondents/decree holder to seek modification or variance of this order, on permissible grounds. (7) The instant writ petition is disposed of. Sd//- Prashant Kumar Mishra Judge