RSA/9/2021
2021 Latest Caselaw 646 HP

RSA No.9 of 2021.

.

21.01.2021 Present: Mr. Ashwani Kaundal, Advocate for the appellant.

(Through video conferencing)

CMP (M) No. 42 of 2021.

The appeal is within the period of

limitation. Therefore, this application being uncalled for is

dismissed.

Heard.

RSA No. 9 of 2021.

Admitted on the substantial

questions of law, formulated at page 6 of the paper book.

CMP No. 836 of 2021.

Notice to the respondents returnable on

26 th March, 2021, on taking steps by tomorrow. Reply be

filed by the next date.

Records, available at this stage, reveal

that learned trial Court has decreed the suit and entitled

the respondent-plaintiff for possession of the suit land.

The appellants-defendants are also directed to vacate the

suit land within two months by removing their cow-shed

and debris of the cow-shed, if they desire, failing which the

execution will follow against them on their own costs. In

the interim the only order could have been passed is

staying of the execution of the impugned judgment and

decree under Order 41 Rule 5 CPC and no such order as

sought in this application can be passed. Any how, on the

oral request of learned counsel, this application besides

being under Order 39 Rules 1 and 2 is ordered to be

.

treated under Order 41 Rule 5 CPC also. Consequently, in

the interim, the execution of the judgment and decree

under challenge in the main appeal shall remain stayed, in

the meanwhile.

CMP No.837 of 2021.

The application, for the reasons stated

therein, is allowed. Consequently, the applicant-appellant,

is exempted from filing the certified copy of the trial Court

judgment. The same, however, be filed within four weeks.

The application stands disposed of.

(Anoop Chitkara),

January 21, 2021 (ps) Vacation Judge