Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7472 of 2018 Petitioner :- Smt. Rampati Respondent :- Smt. Manni Devi Counsel for Petitioner :- Arvind Kumar Singh,Rakesh Singh,Ravish Kumar Singh
Hon'ble Manoj Misra,J.
Supplementary-affidavit has been filed today, which is taken on record. Heard learned counsel for the petitioner.
The opposite party had instituted Original Suit No. 889 of 2009 for specific performance which was decreed by judgment and decree dated 23.04.2016. Against the judgment and decree, the petitioner filed Civil Appeal No. 81 of 2016 which is at present pending in the Court of XIth Additional District Judge, Court No. 15, Allahabad. In the pending appeal, the petitioner applied for grant of stay order which was rejected by observing that as, on date, no order has been passed in the execution proceeding for execution of the sale-deed therefore, till such time execution of the sale-deed is directed, no case for grant of interim relief is made out.
While rejecting the stay application, the court fixed 10.10.2018 as the date for final hearing.
This Court finds no good reason to interfere with the appellate order. In case the appeal is not decided and a direction is issued to execute the sale- deed by the execution court or possession is to be delivered pursuant to such direction, then it is open to the petitioner to move a fresh stay application before the appellate court.
With the aforesaid liberty, the petition is disposed of. Order Date :- 30.10.2018 Sunil Kr Tiwari