LAYMENS EVANGELICAL FELLOWSHIP Vs. J KISHORELAL

JUDGEMENT

(1.) This Civil Revision Petition filed under S.115, C.P.C. is against the order by the Vacation Judge and District Judge of Nilgiris at Udhagamandalam, in I.A. No. 327 of 1988 in O. S. No. 124 of 1984. The petitioner is the respondent/defendant in the suit. The revision petition has been filed against the order of the learned Vacation Judge and District Judge in the application filed under O.41, R.5(2)(3) and (4) and S.151, C.P.C. by the plaintiff after the judgment dismissing the suit praying to stay the operation of the judgment and decree dated 31-5-1988 in the suit O.S. No. 124 of 1984 allowing present status quo for a reasonable time to enable the petitioner/plaintiff to get copies, prefer an appeal and obtain further orders from the appellate Court.

(2.) The defendant/respondent is shown to have taken notice and has prayed for time for filing counter and thereupon the order had been passed by the learned Judge stating that time had been granted for filing counter till 4-7-1988 and further stating that in interests of justice status quo as regards the suit property to be maintained as on date.

(3.) It has been contended that the order passed by the learned Vacation Judge is in excess of jurisdiction under which stay had been granted and the learned Judge ought to have seen that no sufficient cause was shown by the respondent while seeking orders for stay of the decree in the suit. It has not been proved that the plaintiff would suffer substantial loss if stay of the decree was not granted and further the learned Judge ought to have seen that O.41, R.5, C.P.C. is not applicable to the facts and circumstances of the case and the learned Judge erred in ordering status quo without realising that even before the order was passed in the application the petitioner put up gates and fence in the suit property.