Learned advocate for the petitioner states that survey No.481 was not the suit land or in any manner part of the relief claimed, for which, decree was passed but was included in execution proceedings. Throughout the proceedings Civil Misc. Appeal No. 8/2012 came to be dismissed by the impugned order dated 7.7.2012 and stay was operative in favour of the petitioner which came to be vacated by the lower Appellate Court by directing the trial Court to expedite and dispose of the suit on basis of priority. However, the fact remains that the stay which was operative in favour of the petitioner/plaintiff is no more in existence.
It is, therefore, submitted that lower Appellate Court erred in law in vacating stay which was in favour of the petitioner through out the proceedings.
Considering the above, the matter deserves consideration and hence, Notice returnable on 24.9.2012.
Meanwhile, ad-interim relief in terms of para 8(c).
[ANANT S. DAVE, J.] //smita//