Hon'ble Om Prakash-VII,J.
Civil Misc. Delay Condonation Application.
Heard.
Cause shown is sufficent. The delay in filing the appeal is condoned. The application is allowed.
Order Date :- 26.8.2014 OP Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1259 of 2014 Appellant :- Ravendra Pal Singh And 2 Others Respondent :- Smt. Suman Sharma And 2 Others Counsel for Appellant :- Santosh Kumar Yadav Counsel for Respondent :- Satya Prakash Gupta,J.P. Gupta Hon'ble Rajes Kumar,J.
Hon'ble Om Prakash-VII,J.
List has been revised.
Learned counsel for the appellants submitted that the interim order passed by the Civil Judge (Senior Division), Budaun restraining the respondents from holding the market on Monday and from recovering Teh Bazari, is absolutely illegal inasmuch as the plaintiff-respondent no. 1 did not possess the licence to hold the market on Monday and to recover Teh Bazari. Learned counsel for the appellant submitted that the court below before granting the interim order has not recorded any finding that the plaintiff possesses the licence to hold the market on Monday.
Sri R.B. Singh, learned counsel for respondent nos. 2 and 3, submitted that no licence has been granted to respondent no. 1 to hold market on Monday and to recover Teh Bazari. Sri Satya Prakash Gupta and Sri Jay Prakash Gupta, Advocates, filed caveat on behalf of respondent no. 1, but they are not present when the case is taken though their names have been shown in the cause list.
All the respondents may file counter affidavit within four weeks List in week commencing 22.9.2014 showing the names of Sri Santosh Kumar Yadav and Sri Sundeep Agarwal as counsel for the appellants and Sri R.B. Singh as counsel for the respondents along with Sri Satya Prakash Gupta and Sri Jay Prakash Gupta.
Till the next date of listing, the operation of the order dated 1.5.2014 passed by the Civil Judge (Senior Division), Budaun in suit no. 249 of 2013 (Suman Sharma Vs. Zila Panchayat, Budaun & others) shall remain stayed.
Order Date :- 26.8.2014 OP