Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 316 of 2018 Petitioner :- Shri Ganga Prasad Jan Sewa Inter College,Karvi Respondent :- Additional Judge,Court No.1 Counsel for Petitioner :- Mr Siddharth Khare Counsel for Respondent :- C.S.C.,Mr Niranjan Lal Srivastava Hon'ble Manoj Kumar Gupta,J.
The principal prayer made in the instant petition is for setting aside order dated 13.12.2017 passed by Additional District Judge, Court No.1, Chitrakoot in Civil Appeal No.17 of 2017, whereby the appellate court has stayed the effect and operation of the judgement and decree passed in Original Suit No.41 of 2009.
Learned counsel for the petitioner submitted that the effect of the stay granted by the appellate court is that the elections of the Committee of Management which were to be held by the authorised controller had got stalled. He submitted that such an injunction or stay could not be granted in view of the U.P. Amendment to Rule 2 of Order 39 to the Code of Civil Procedure.
Sri R.K. Ojha, learned senior counsel assisted by Sri N.L. Srivastava appearing on behalf of respondents who had filed the appeals, states that although the operation of the order of the trial court was stayed but since the authorised controller had taken charge before the stay order was passed, therefore, he is still functioning and he has no objection to continuance of the authorised controller. He further submitted that in case elections are held, then serious prejudice would be caused to the appellants who had challenged the judgement of the trial court and the appeals have already been admitted. He further submitted that he has no objection in case the appeals are directed to be decided within a specified time and in the meantime, the authorised controller is permitted to continue provided no election is held till the appeals are decided.
Sri Ashok Khare, learned senior counsel appearing on behalf of the petitioner has no objection to the same.
Accordingly, the impugned order is modified and it is directed that although the authorised controller shall continue till the appeals are decided, but he will not hold any election. As the main contesting parties are already represented before the appellate court, it is further directed that the appellate court shall decide the appeals expeditiously and preferably within a period of three weeks from the date of production of a certified copy of this order.
(Manoj Kumar Gupta, J) Order Date :- 28.2.2018 SL