SA/17/2009
2023 Latest Caselaw 3081 UK

             Office Notes,
                reports,
               orders or
             proceedings
SL.
      Date   or directions                              COURT'S OR JUDGES'S ORDERS
No
                  and
              Registrar's
              order with
              Signatures
                             S.A. No. 17 of 2009
                             Hon'ble Vivek Bharti Sharma, J.

No representation for the appellants. Mr. Arvind Vasishtha, Senior Advocate assisted by Mr. Hemant Singh Mehra proxy counsel for Mr. Pankaj Kaushik, counsel for the respondents.

2. Counsel for the appellants/defendants would submit that the suit was filed by the plaintiff/respondent before the trial court for permanent injunction to restrain the appellants/defendant from interfering in the suit property. The said suit was decreed by the judgment and decree dated 19.04.2006. Feeling aggrieved by the same, the appellant filed first appeal against the same; that, the said first appeal was also dismissed by the judgment and order dated 27.02.2009.

He would further submit that the appeal was admitted by framing two substantial questions of law and an interim order staying the execution of the impugned decree was passed by the Coordinate Bench of this Court vide order dated 14.05.2009; that, due to the said interim order notwithstanding the decree of permanent injunction, the right of respondents/plaintiffs are at risk, therefore, the interim order should be vacated.

3. In view of the above, the interim order dated 14.05.2009 is hereby vacated.

4. Put up on 27.03.2024.

(Vivek Bharti Sharma, J.) 11.10.2023 Mamta