Atar Singh v. Gokaran Singh

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7142 of 2023 Petitioner :- Atar Singh Respondent :- Gokaran Singh Counsel for Petitioner :- Satya Prakash Gupta,Jai Prakash Gupta Hon'ble Jayant Banerji,J.

¶1Heard Sri Satya Pakash Gupta, larned counsel for he petitioner

¶2This petition has been filed seeking the following relief: "A. Issue a order or direction to the respondent that he may be restrain to take possession of land situated in Khasra No. 379 area .250 hectare situated in village Hari Nagla Pargana, Tehsil and District Budaun till the disposal of stay application in civil appeal no. 8/23 pending before District Judge, Budaun. B. Issue a order or direction to district Judge Budaun for disposal of stay application in civil appeal no. 8 /2023 date fixed on 5.7.2023 or within stipulated time."

¶3Learned counsel for the petitioner states that he is pressing prayer no. 'B' only.

¶4It appears that the petitioner is defendant in O.S. No. 18 of 2007 (Gorkaran Singh Vs. Atar Singh and others) that was decreed pursuant to a judgment and order dated 27.3.2023, passed by 3rd Additional Civil Judge ( Junior Division), Budaun. Thereafter, a civil appeal was filed against the aforesaid decree by the petitioner that is stated to have been registered as Civil Appeal No. 8 of 2023 in the court of District Judge, Budaun.

¶5The contention of the learned counsel for the petitioner is that by an order dated 21.4.2023, the District Judge has admitted the appeal. However, the application for stay, despite an objection of the respondent being on record, is not being decided.

¶6The contention of the learned counsel for the petitioner is that once an appeal is admitted, the stay application ought to be considered expeditiously. It is stated by the learned counsel that under the garb of aforesaid decree passed in the aforesaid civil suit, the plaintiff have initiated proceedings under Section 107/116 and Section 151 Cr.P.C.

¶7In view of the facts and circumstances of the present case, this petition is disposed of with a request to the District Judge or the court which is in seisin of the appeal to proceed to consider the application for stay moved by the petitioner-appellant/defendant in the aforesaid first appeal, expeditiously and without granting any unnecessary adjournment provided there is no legal impediment. Order Date :- 31.10.2023 sfa/ (Jayant Banerji, J) High Court of Judicature at Allahabad