(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.
(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 29/1/2011 passed by the learned District Judge-1, Chandrapur whereby the application for stay pending Appeal filed by the petitioners came to be rejected.
(3.) The petitioners had filed Regular Civil Suit No. 12/1997 for declaration and permanent injunction in respect of the suit property, which is an open plot. The said civil suit was dismissed on 18/11/2010 and while dismissing the said suit, the trial Court has recorded a finding that the petitioners have failed to prove their ownership and possession of the suit property. However, the issue no.4, which was framed by the trial Court, and which was to the following effect: