PREM CHAND DECEASED Vs. CHARAT KUMAR BANSAL

JUDGEMENT

(1.) Shri Sumit Daga, learned counsel for the respondent, raised an issue which prima facie appears to be quite small, but has a significant value. The matter is being treated as of general importance qua a limited issue that is coming up before this Court in many cases.

(2.) The case was mentioned in the morning, not for the purposes of its hearing as the time constraints otherwise do not allow hearing of the matter today, but making a prayer as regards return of the original record of the first Appellate Court and the trial court which, earlier, had been summoned by this Court without admitting the appeal.

(3.) Referring to the order dtd. 19/1/2018, it is contended that, till today, the instant appeal has not been admitted but the Court had summoned the original record seven years ago, and, on 7/3/2019, an order was passed to the effect that mere pendency of appeal would not mean passing of any interim order staying execution of decree. Submission is that the matter is being adjourned for last several years and though the appeal has not been admitted, since the original record is lying before this Court for hearing on admission, the execution proceedings are held up. He requests the Court to remit back the original record to the District Judgeship.