LAWS(ALL)-1999-8-17

JANKIDAS Vs. DISTRICT JUDGE JHANSI

Decided On August 19, 1999
JANKIDAS Appellant
V/S
DISTRICT JUDGE, JHANSI Respondents

JUDGEMENT

(1.) The defendant respondent in Misc. Civil Appeal No. 61 of 1999 had assailed the order dated 26.7.1999 passed in the said appeal by means of this writ petition.

(2.) By an order dated 26.7.1999 the appeal was admitted fixing 28.9.1999 for argument. While admitting the appeal an order of status quo was issued till the next date.

(3.) Shri Sudama Ji Shandilya, learned counsel for the petitioner contends that the order of admission and order of status quo was passed without hearing the defendant-petitioner without giving any opportunity of hearing. Therefore, the said order cannot be sustained. He also contends that while admitting the appeal, the learned appellate court did not consider the evidence and the materials on record. Therefore, the said order is liable to be set aside. These are the two grounds on which the said order was challenged.