The petitioners had filed a suit being Suit No. 295 of 2014 for permanent injunction restraining the defendants not to create hindrance in the possession of the property shown in the plaint map with regard to gata nos. 430 and 431, Mauza Alwal, Mohalla Sitapur. Along with the plaint the petitioners also filed an application under Order XXXIX Rule 1 and 2 CPC and the Civil Judge, court no.10 after considering the objection filed by the defendants granted interim injunction in favour of the petitioners by order dated 20.8.2014.
It appears that the defendants then filed Misc. Appeal No. 57 of 2014 under Order XLIII Rule 1(r) CPC and the appellate court by one line order stayed the operation of the order of the trial court. The said order of the appellate court dated 8.9.2014 does not assign any reason for staying the order of the trial court which has been passed after consideration of the objection of the defendants and given valid reason for grant of interim injunction. It is submitted that the said appeal is still pending.
The matter requires consideration.
Issue notice to the respondents returnable at an early date.
Learned counsel for the petitioners will take steps for service of notice upon the respondents within a week.
List after service of notice.
Till the next date of listing, the operation of the order of the appellate court dated 8.9.2014 shall remain stayed. It is further provided that the said Misc. Appeal No. 57 of 2014 be considered and decided without granting unnecessary adjournment to either of the parties and the parties shall abide by the final order that may be passed in appeal irrespective of the present stay order by this Court.
Order Date :- 22.9.2014 SKM