Bajrangi vs Shashikala And 6 Others
2024 Latest Caselaw 6089 ALL

Allahabad High Court

Bajrangi vs Shashikala And 6 Others on 29 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:36111
 
Court No. - 52
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12388 of 2023
 

 
Petitioner :- Bajrangi
 
Respondent :- Shashikala And 6 Others
 
Counsel for Petitioner :- Abhishek Kumar Yadav,Bhola Nath Yadav
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the petitioner and perused the record.

2. This petition has been filed for the following relief:

"1. To issue order or direction of the suitable nature calling for the record and setting aside the impugned order dated 08.08.2023 passed by Additional District Judge, Court No. 21, Prayagraj on the application 5-C in the Civil Appeal No. 77 of 2023, Bajrangi Vs. Shashikala and others.(Annexure No. 1)."

3. Brief facts of the case are that O.S. No. 604 of 1995 was instituted by the plaintiff/petitioner for specific performance of an agreement dated 28.08.1994. The aforesaid suit was dismissed by the trial court by judgment and decree dated 31.03.2023. Against the aforesaid judgment, an appeal was filed by the petitioner and by order dated 21.04.2023 the appeal has been admitted. The stay application filed along with appeal has been rejected by the court below.

4. Contention of the learned counsel for the petitioner is that in view of the judgment of Apex Court in Mool Chand Yadav and another v. Raza Buland Sugar Company Limited, Rampur and others reported in (1983) AWC 121, the court below should have directed the parties to maintain status quo once the appeal has been admitted. In Mool Chand Yadav and another (Supra), the Supreme Court has held that judicial approach requires that during pendency of the appeal, operation of an order having serious civil consequences must be suspended, more so, when appeal is admitted.

5. From the perusal of the order sheet, it is clear that the opposite party in appeal has appeared.

6. No useful purpose would be served in keeping this petition pending.

7. Accordingly, the present petition stands disposed of finally with a direction to the Appellate Court i.e. Additional District Judge, Court No. 21, Prayagraj to consider and decide the aforesaid appeal, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.

8. Till the disposal of appeal, the parties are directed to maintain status quo.

Order Date :- 29.2.2024

Ved Prakash

(Manish Kumar Nigam,J.)