NATHU LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) YATINDRA Singh, J. The respondent No. 2 filed original suit No. 15 of 1999 against the petitioner. According to the petitioner this was decreed ex-pane on 1 -8-2000. The petitioner filed an appeal against the same. The Additional Com missioner entertained the appeal and granted interim order by the order dated 5-10-2000. This interim order was ex tended from time to time and lastly was extended on 12-1-2001, and judgment was reserved on 19-1-2001. Subsequently respondent No. 2 filed a transfer applica tion No. 49 of 2000- 2001 before respon dent No. 1 and obtained stay of further proceedings before the Additional Com missioner on 27-3-2001. He also filed a revision No. 1c/2000-2001 against the order dated 12-1- 2000, in which he ob tained the order staying the operation of Additional Commissioner dated 12-1- 2001 by which the stay order of the petitioner was last extended. Hence the present writ petition.

(2.) I have heard Sri Subodh Kumar, Counsel for the petitioner, standing Coun sel for respondent No. 1 and Sri K. G. Srivastava for respondent No. 2. With the consent of the parties, writ petition is decided finally at this stage.

(3.) THE parties may appear before respondent No. 1 on 7-3-2001. He may decide the transfer application filed by respondent No. 2. It is made clear that till disposal of the appeal filed by the petitioner the stay order granted on 5-10-2000 shall continue. THE revision filed by respondent No. 2 stands dismissed. With these observations writ petition is allowed. Petition allowed. .