BHAGWAN SHANKAR BAJPAYEE Vs. DISTRICT JUDGE KANPUR NAGAR

JUDGEMENT

(1.) TARUN Agarwala, J. The suit of the plaintiffs was decreed and the alleged will was declared null and void. The defendant filed an appeal under Section 96 of the C. P. C. and also filed an application along with an affidavit under Order 41 Rule 5 of the C. P. C. for the suspension of the decree of the trial court. The appellate court admitted the appeal and issued a notice on the stay application to the plaintiff-opposite parties. The defendant, being aggrieved by the said order, has approached the Writ Court seeking appropriate direction under Article 227 of the Constitution of India. The petitioner alleges that the decree of the trial court entails serious civil consequences and that pursuant to the decree, the plaintiffs are purchasing the stamp papers with the intention of selling the property and consequently the defendant has approached the Court seeking protection of his rights.

(2.) HAVING heard the learned counsel for the petitioner-defendant and having perused the record, this Court finds that where a statutory remedy of an appeal is available and where serious civil consequences follow from an order, it is imperative for the appellate court to suspend the operation of the order.

(3.) THE writ petition is accordingly disposed of.