LAWS(SC)-2008-8-167

RAJARAM PRASAD GUPTA Vs. RAMCHANDRA PRASAD

Decided On August 13, 2008
Rajaram Prasad Gupta Appellant
V/S
RAMCHANDRA PRASAD Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) Undisputedly , the suit property is a residential house in which the appellants are residing. It is well settled that in cases where the subject of suit is residential premises and the judgment-debtor is residing in it, prayer for stay is ordinarily granted. Of course, for special reasons, it may be refused. In the present case, no special reason has been assigned by the High Court for declining the appellants' prayer for stay. This being the position, we are of the view that the High Court was not justified in refusing to grant stay.