AO/546/2014
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                                     AO No.546 of 2014
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Sudhir Kumar, Advocate, for the appellant.

Mr. B.M. Pingal, Advocate, for the respondents.

This appeal from order has been preferred against the judgment of the learned Trial Court as rendered in a Suit No.28 of 2009, "Panna Lal Shah & others Vs. Dharm Singh & others", by invoking the provisions contained under Order 43 Rule 1 (u) of the Code of Civil Procedure.

When the appeal from order, was admitted, the coordinate Bench of this Court by an order dated 18.11.2014, had stayed the effect and operation of the impugned appellate court's judgment of remand dated 30.09.2014.

On account of the fact, that now the Hon'ble Apex Court has laid down, that the interim order would not be continued to be extended beyond six months period. The appellant contends that he is facing the problem before the learned Trial Court, for the reason being that the Trial Court is proceeding with the matter.

Considering the fact that this Appeal from Order, has to be decided as a regular appeal, in an eventuality, if the Trial Court under the garb of the aforesaid concept proceeds to the decide said suit, it will prejudice the rights of the appellant, and rather would lead to rendering the appeal from order, as to be infructuous.

In that eventuality, in the wider principles laid down in the light of the judgment as reported in (1982) 3 SCC 484, "Mool Chand Yadav & another Vs. Raza Buland Sugar Company Limited, Rampur & others", the interim order already granted on 18.11.2014, would continue to operate till the next date of listing.

Miscellaneous application (IA No.13354 of 2021), would remain extended till the next date of listing.

Put up this appeal from order in the week commencing 08.11.2021.

(Sharad Kumar Sharma, J.) 27.09.2021

NR/