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2025 DAILYLAW 132435 (ALL)

RENEE FRANCIS v. ANNETTE DSYLVA AND ANOTHER

A227/1947/2025 · 2025-04-08

Pankaj Bhatia

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19712 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1947 of 2025 Petitioner :- Renee Francis Respondent :- Annette Dsylva And Another Counsel for Petitioner :- Kirti Kar Tripathi,Shrikant Tripathi Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed by the petitioner alleging that against an ex parte decree, an application under Order IX Rule 13 of the CPC was preferred, which was decided against the petitioner. Challenging the said order, an Appeal No.452 of 2024 is pending. 3. It is argued that on one hand, the appeal is pending and on the other hand, execution proceedings are being pressed, in which objections were filed, which was rejected, against which also a Civil Revision No.38 of 2025 is pending. 4. Considering the fact that the appeal preferred by the petitioner is pending, no order staying the execution proceedings can be passed unless the petitioner obtains an appropriate order in the civil appeal proceedings. 5. In view of the said, the present petition is disposed of permitting the petitioner to file an appropriate application, if so advised, in the civil appeal, which shall be considered in accordance with law. Order Date :- 8.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench