Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1249 of 2019 Petitioner :- Dinesh Respondent :- District And Session Judge Ghaziabad And 5 Others Counsel for Petitioner :- Vishal Sunder Saurabh Sharma
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and perused the record.
Since the point involved in the present case is trivial in nature, so the writ petition is being decided at the admission stage.
Notices to the opposite party nos.2 to 6 are dispensed with.
Learned counsel for the petitioners submits that respondent nos.2 to 6 have filed Civil Suit No.20 of 2010 for cancellation of sale deed executed in favour of the petitioner before the Civil Judge, Junior Division, Ghaziabad and the trial Court vide order dated 17.12.2018 cancelled the sale deed. Against the said order, petitioner filed an appeal as Civil Appeal No.02 of 2019. He also filed stay application bearing no.6G before the District and Sessions Judge, Ghaziabad for not to interfere by the respondent nos.2 to 6, which is pending before it.
He further submits that the trial Court may be directed to decide the application for stay being no.6G of 2018 on the date fixed i.e. 14.03.2019 and if not possible, the same may be decided at the earliest.
For the foregoing reasons, writ petition is disposed of with a direction to opposite party no.1/District and Sessions Judge, Ghaziabad to decide the Application for Stay being No.6G of 2018 filed in Civil Appeal No.02 of 2019 on the date fixed i.e. 14.03.2019 and if not possible, the same shall be decided within a period of one month after hearing the parties concerned in accordance with law.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 25.2.2019 Mahesh