IQBAL HUSAIN Vs. DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) The short questions that arise for consideration in this application are, what is the effect of time bound stay order? Whether a time bound stay order can be extended after its expiry ?

(2.) The brief facts are that the predecessor of the respondents filed a suit for arrears of rent and ejectment against Rijwan, which was decreed ex parte on 28.4.1993. Revision filed by Rijwan was also dismissed on 24.2.1997. In execution the petitioner filed objection under Order XXI Rule 97, 98 and 101 read with section 151 C.P.C. The objection was allowed on 28.5.2000 and execution was rejected by the trial court. The respondents filed an appeal and revision, which were allowed by a common order on 10.5.2001 the petitioner challenged the order dated 10.5.2001 by filing the instant writ petition. This court on 8.6.2001 granted interim order and stayed the operation of the impugned judgment till the next date of listing and directed the matter to be listed in the third week of July 2001. On 18.7.2001 this court extended the stay order passed on 8.6.2001 till 31.8.2001. The petitioner moved another application for extension of stay on 30.4.2002, stating that the court ordered on 18.7.2001 to list this case in the week commencing 20.8.2001 but the case could not be listed and thereafter there was strike of lawyers in the High Court. It is prayed that the stay order dated 8.6.2001 as extended on 18.7.2001 be extended.

(3.) I have heard Shri Vikram Gulati, learned counsel for the petitioner and Shri Madhur Prakash, learned counsel appearing for respondents and standing counsel.