SA/63/2023
2023 Latest Caselaw 2431 UK

                Office Notes,
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      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  SA No.63 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Nikhil Singhal, counsel for the appellants.

2. Mr. Ketan Joshi, counsel appearing holding brief of Mr. Vivek Pathak, counsel for respondent no.1.

3. Counsel for the appellant would submit that respondent no.1 had died after the judgment of the First Appeal and immediately after getting the information about the same, application for substitution with other incidental applications have been filed.

4. Mr. Ketan Joshi, learned counsel appearing for respondent no.1 would submit that there were other litigations between the parties and they have been appearing for proposed respondents i.e. legal heirs of respondent no.1, since deceased. He prays for time to take instructions in this appeal also.

5. Counsel for the appellant would submit that respondent no.1/plaintiff filed a suit seeking decree of permanent and mandatory injunction against the appellants/defendant nos.1 and 2; that, by the impugned judgment/order dated 04.04.2016, the trial court partly decreed the suit of the plaintiff for a relief of permanent injunction; that, being aggrieved, the appellants/defendant nos.1 and 2 preferred civil appeal which was registered as Civil Appeal No.23/2016; that, the respondent no.1/plaintiff also preferred civil appeal against disallowing of mandatory injunction, which was registered as Civil Appeal No.43/2016; that, the appeal filed by the appellants/defendant nos.1 and 2 was dismissed while the appeal filed by the respondent no.1/plaintiff was allowed, thereby granting relief of mandatory injunction; that, against the judgment/order passed by the First Appellate Court thereby allowing the appeal of the respondent no.1/plaintiff, this appeal from order has been preferred.

6. Learned counsel would further submit that the execution proceedings for execution of mandatory injunction granted by the First Appellate Court are pending; therefore, the operation of the impugned judgment of the First Appellate Court needs to be stayed.

7. In view of above, the operation of the impugned judgment and order dated 17.04.2023 passed by 5th Additional District Judge, Haridwar, District Haridwar in Civil Appeal No.43/2016 shall remain stayed till the next date of listing.

8. Stay application (IA No.1 of 2023) stands disposed of.

9. Put up on 23.11.2023.

(Vivek Bharti Sharma, J.) 23.08.2023 Rajni