Court No. - 30
Case :- WRIT - C No. - 6557 of 2021 Petitioner :- Narendra Kumar Gangwar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The order passed by the trial court on 28.02.2019 was taken in appeal under Section 207 of the U.P. Revenue Code, 2006. The appeal was registered as Case No. 00538 of 2019, Narendra Kumar Gangwar Vs. Maya Saxena and others. The appellate court granted an interim order on 28.03.2019.
By the impugned order dated 09.07.2019 the appellate court has found that the interim order was operative up to 24.04.2019 and expired on the said date. Hence there was no interim order in existence and the stay application was disposed of in the said terms.
The order dated 24.04.2019 passed by the appellate court does not extend the interim order. It appears to be an oversight. There is no cause to vacate the interim order by a non speaking order.
I find merit in the submission of Shri Atul Kumar Singh, learned counsel holding brief of Shri Suresh Dhar Dwivedi, learned counsel for the petitioner that the remedy of appeal shall become illusory in case the interim order is vacated.
It is contended that the proceedings are in the nature of partition suit and in case parties alienate the property or change its nature, the remedy of appeal shall be frustrated.
The order dated 09.07.2019 passed by the appellate court is a non speaking order and the appellate court misdirected itself in law while passing the impugned order.
The order dated 09.07.2019 passed by the appellate court is modified and it is directed that the interim order granted by the appellate court on 28.03.2019 shall continue till the decision of the appeal.
Learned revisiving court is directed to decide the revision within a period of three months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
All parties is directed to cooperate with the proceedings before the revising court.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 28.7.2021 Dhananjai