SA/72/2023
2023 Latest Caselaw 2000 UK

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                                      COURT'S OR JUDGES'S ORDERS
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               order with Signatures


                                          S.A. No. 72 of 2023
                                          Hon'ble Vivek Bharti Sharma, J.

Ms. Sangeeta Adhikari Patni, Advocate for the appellants.

2. Mr. Tarun Pande, counsel for the respondents.

3. Present second appeal has been preferred against the impugned judgment and decree dated 27.03.2023 passed by 2nd Additional District Judge, Rudrapur, District Udham Singh Nagar in Civil Appeal No. 30 of 2020 as well as the judgment and order dated 07.04.2018 passed by Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar in O.S. No. 61 of 2010.

4. Perusal of the order sheets reveals that on 04.04.2023, the said order dated 14.03.2022 was extended on the prayer of the counsel for the appellant, and thereafter, on 01.12.2022, the said liberty was again given to the counsel for the appellant vide order dated 01.12.2022.

5. Today, a Stay Extension Application (IA 5 of 2022) has been filed by the counsel for the appellant with the prayer that the order dated 14.03.2022, whereby the liberty to move application for adjournment was granted, may be extended.

6. Mr. Sudhir Kumar, counsel for respondent strongly opposed the stay extension application with the submission that the appeal has not yet been admitted, rather, the application for delay condonation is yet to be heard and decided; that, there is no interim order in favour of the appellant and by the order dated 14.03.2022, the Coordinate Bench has only given liberty to the appellant to move adjournment application before the court below.

7. On last date of hearing i.e. 01.12.2022, the appellant was granted liberty to move an application for adjournment before the court below and the court below was directed to consider the same till the date specified in the order. Thereafter, the case could not be heard, as the board was discharged due to paucity of time.

8. In view of the above, the appellant may move an application before the court below seeking adjournment, the court below may consider the said application till 31.07.2023 on its merit in the facts and circumstances of the case.

8. Stay application stands disposed of accordingly.

9. List this case on 31.07.2023 along with connected appeal for hearing on the delay condonation application.

10. Urgency application (IA 7 of 2023) stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 01.08.2023 Mamta