Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9848 of 2019 Petitioner :- Smt. Sarita Kumari Respondent :- District Judge Mahoba And 7 Others Counsel for Petitioner :- Prasant Rathor,Syed Fahim Ahmed Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the District Judge, Mahoba, to decide the Stay Application dated 06.09.2018 filed under Order 41 Rule 5 of the C.P.C. registered as Paper No.6-Ga in Civil Appeal No.21 of 2019 (Smt. Sarita Kumari Vs. Smt. Premrani and others), at the earliest.
(3) It has been submitted by the learned counsel for the petitioner that the petitioner had earlier filed a Suit for permanent injunction against the defendants who are respondents herein. The said Original Suit No.41 of 2003 was dismissed by the learned Trial Court on 26.07.2018. The petitioner thereafter filed a Civil Appeal No.21 of 2019 in which an Application for stay of impugned order was also filed. The Appeal was entertained and the respondents have appeared and have also filed their reply to the said Appeal. The defendants- respondents have started plotting over the land in dispute and also created a third party rights by executing a sale deed in favour of other persons. But despite all efforts being made the said application remains pending before the learned Appellate Court.
(4) This Court has perused the copy of order-sheet filed as Annexure-6 to the petition. From the same, it is evident that on 26.04.2019 the counsel for the appellant prayed for adjournment and the next date fixed again i.e. on 16.05.2019, the counsel for the appellant prayed for adjournment. Thereafter certain papers were filed by the counsel for the appellant on 04.07.2019. On the next date fixed by the Court, the respondents to the Appeal took time to file their objections. It cannot be said that the Appeal is not being taken up by the Appellate Court as several dates have been fixed thereafter. The last date fixed in the matter was 28.11.2019 for disposal of Paper No.19-Ga 2 and objections thereto Paper No.28-Ga2. It is clear that some application has been filed by the appellant to which the respondents have filed their objections and first such application of the petitioner needs to be disposed of before the said application can be decided.
(5) In the facts and circumstances of the case, this petition is finally disposed of with a direction to the Appellate Court that in case the pleadings are complete in the Appeal then the said application may be heard and finally disposed of as expeditiously as possible say within a period of four months from the date a certified copy of the order is produced before him.
Order Date :- 18.12.2019 PAL