Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4095 of 2019 Petitioner :- Makkhan Singh And Another Respondent :- Shri Shyam Singh And 3 Others Counsel for Petitioner :- Dr. Akhilesh Kumar Counsel for Respondent :- Varun Dev Sharma,Aniruddh Tiwari Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and Sri Jay Babu Kesarwani, who has put in appearance on behalf of the respondent nos. 1 and 2.
Present petition has been filed for setting aside the order dated 6.5.2019 passed by the District Judge, Aligarh in Misc. Appeal No. 40 of 2019 (Shyam Singh and another vs. Makkhan Singh and others).
By the impugned order the lower appellate court has stayed the order of the trial court passed in contempt application filed under Order 39 Rule 2A CPC and conviction has been stayed during pendency of the appeal.
According to the learned counsel for the petitioners the contesting respondents are still disobeying the order of the trial court.
The order is purely interlocutory in nature. I am not inclined to interfere in the order impugned herein.
However, the petitioner is at liberty to contest the appeal on merits. He states that the next date fixed is 30.5.2019.
The petitioner is at liberty to pray for expeditious disposal of the appeal before the appellate court in view of the assertions that the interim order is still being violated. Such prayer shall be considered by the lower appellate court on its own merits according to the roster of the case.
With this observation, present petition stands disposed of.
Order Date :- 28.5.2019 Lalit Shukla