Abhinava Upadhya, J. - (1.) By means of this writ petition the petitioners have challenged the order of the appellate court refusing to grant stay of the proceedings of the case pursuant to a decree passed in a suit being Suit No. 1990 of 1988 which has been decreed against the petitioner, who was defendant no.1 in the said suit.
(2.) It is submitted that the said decree was passed against defendant no.1, i.e., the petitioner ex parte and for recalling the said ex parte decree the petitioner had moved an application under Order 9, Rule 13 CPC which has remained pending. In the meantime, it is submitted that the other appellants filed a regular appeal being Civil Appeal No. 9 of 2012. The petitioners then moved an application before the appellate court for grant of interim injunction till the application under Order 9, Rule 13 CPC is pending.
(3.) The appellate court, while rejecting the application has held that nowhere from the decree it appears that the said order has been passed ex parte against defendant no.1, as such, there is no question of granting interim injunction till the disposal of application under Order 9, Rule 13 CPC.;