SA/110/2022
2023 Latest Caselaw 2191 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No.110 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Siddhartha Singh, counsel for the appellant.

2. Mr. Siddhartha Sah, counsel for respondent no.1.

3. Learned counsel for respondent no.1/plaintiff seeks time to file reply/objections to the memo of appeal.

4. Learned counsel for the appellant/defendant would strongly oppose the above prayer and would submit that opportunity was given to the respondent no.1/plaintiff to file the reply/objections way back on 07.09.2022, whereafter the case was listed four times but no reply/objections was filed in between. He would submit that the Stay Application IA No.1/2022 is pending consideration since September, 2022 and the impugned decree is running against the appellant/defendant.

5. Perusal of the operative part of the impugned judgment of the trial court reveals that there are two reliefs, which have been granted to the respondent/defendant; first, restraining the appellant/defendant from causing any interference directly or indirectly on the path (xksgj) as shown in end of the plaint and; second, a direction to the appellant/defendant to remove construction within next 30 days from the date of judgment.

6. Counsel for the appellant/defendant would submit at Bar that the construction, which is directed to be removed in the operative part of the trial court's judgment, does not completely obstruct right to way respondent/plaintiff.

7. In view of the above, the effect and operation of the impugned judgment/decree dated 22.11.2018, so far it relates to granting relief of mandatory injunction thereby removing the construction, shall remain stayed till the next date of listing.

8. Counsel for the respondent/plaintiff is granted six weeks time to file reply/objections to the memo of appeal.

9. Put up on 21.11.2023.

(Vivek Bharti Sharma, J.) 10.08.2023 BS