Order disallowing the stay of proceeding
Seen. Perused the petition dated 14.02.2021 along with the submitted documents and the case record. Heard the learned Advocate for both sides being present before the court. Upon such hearing and perusal, it appears that this is an execution case instituted out of the judgment and decree passed in the suit of a permanent injunction. The impugned judgement and decree is now challenged before the court of the Honorable District Judge, Rajshahi; and the appeal was fixed for hearing on 22/02/2021. It also transpires that the petitioner is yet to furnish the court with the latest information regarding the appellate proceeding although the fixed hearing date is already over. It further appears that the petitioner did not turn up before the court with any information slip or a copy of the relevant order of the appellate court in support of his petition. So, deducibly, the petitioner has already had reasonable time for taking recourse(s) under the provision of Order 21, Rule 26 of the Code of Civil Procedure, 1908. The petitioner is also not found to show any sufficient cause to get an order of stay of the execution case. Mere pendency of an appeal is no ground to stay the execution of a decree. Hence, it is ordered that the petition dated 14/02/ 2021 is not allowed.
Let the learned
Advocates of both parties be informed of this order. The next date is
19/04/2021 for submitting a written objection by the judgment debtor.