Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3095 of 2019 Petitioner :- Dinesh Kumar And 3 Others Respondent :- District Judge And 2 Others Counsel for Petitioner :- Rahul Kumar Sharma
Hon'ble Saurabh Shyam Shamshery,J.
Shri.Rajesh Dhar Pandey, Advocate, appearing on behalf of Shri.Rahul Kumar Sharma, learned counsel for the petitioners submits that the petitioners are the appellants in Civil Appeal No.15/2019, (Dinesh Kumar & Anr. Vs. Durvijay Singh & Anr), which is pending before District Judge, Hathras.
Learned District Judge, by order dated 09.4.2019 has though admitted the appeal however, no stay has been granted.
Learned counsel for the petitioners submits that once the appeal is admitted in the interest of the suit property, the status of the suit property should be protected.
In the order dated 09.4.2019, the District Judge, Hathras, while admitting the appeal has specifically mentioned that no order can be passed on the stay application without hearing the opposite parties and directed that the stay application will be heard on merits on the next date of hearing. Therefore, in my view, there is no illegality in the said order.
This writ petition is premature also as the stay application is still has to be decided on merits. At this stage, learned counsel for the petitioners submits that a direction may be passed that on the next date of hearing the stay application may be decided.
Considered the submissions made at bar and perused the record.
This writ petition stands disposed of with the direction upon the learned appellate court to decide the stay application preferably on the next date of hearing in accordance with law after hearing both the parties.
It is made clear that this court has not expressed any opinion on the merits of the case.
Order Date:-25.4.2019-SB