Ramesh vs Smt. Rajo Devi
2011 Latest Caselaw 2230 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 32714 of 2011
 

 
Petitioner :- Ramesh
 
Respondent :- Smt. Rajo Devi
 
Petitioner Counsel :- K.K. Tiwari
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a defendant in a suit. The plaintiff filed a suit for specific performance, which has been dismissed in the year 2007 against which the plaintiff filed an appeal being appeal no. 43 of 2007. The appeal has been allowed ex-parte vide order dated 17.1.2008 and the petitioner has been directed to execute the sale deed after receiving sale consideration. The petitioner filed a recalling application, which is registered as C.A. No. 43 of 2007 along with an application for condonation of delay and stay applicaiton. On the stay application, the appellate court vide order dated 22.4.2011 allowed the application in part and stayed the eviction of the petitioner subject to the deposit of Rs.10,000/- in the executing court.

Learned counsel for the petitioner submitted that the restoration application is still pending for disposal and the execution proceeding has been initiated in pursuance of the ex-parte appellate order dated 17.1.2008. Unless the ex-parte order dated 17.1.2008 is stayed and in the execution proceeding the sale deed will be executed the petitioner will suffer irreparable loss.

The matter requires consideration.

Issue notice to the respondent returnable at an early date. The petitioner may take steps to serve the respondent within 10 days by registered post.

List in the week commencing 25.7.2011.

Till the next date of listing, the execution proceeding in pursuance of the order dated 17.1.2008 passed by the appellate court in appeal no. 43 of 2007, Smt. Rajo Devi Vs. Ramesh shall remain stayed.

Order Date :- 31.5.2011

OP