MUNGAMURU SRINIVASULU REDDY Vs. SOWDAGAR IFJANULLAH KHAN

JUDGEMENT

(1.) ON 31. 5. 2006 the second appeal was admitted on the strength of the substantial questions of law raised in ground No. 2 (a) and (b) which read as hereunder:

(2.) S. A. M. P. NO. 1932 of 2007 is filed by the appellant under Section 148 read with Section 151 of Code of Civil Procedure, praying for enlargement of time for depositing rents as directed in S. A. M. P. No. 1268 of 2006 in S. A. No. 537 of 2006, dated 31. 5. 2006, as made absolute in S. A. M. P. No. 806 of 2007, dated 19. 4. 2007, by condoning delay in depositing the rents from October 2006 to May 2007 and pass such other suitable orders.

(3.) SEVERAL facts had been narrated in the affidavit filed in support of the application. It is stated that the appellant came to know that the respondent filed E. P. No. 300 of 2007 for executing the decree in O. S. No. 493 of 1999 and the executing court straight away ordered delivery on 05. 4. 2007 and when the court amin sought to execute the order, the appellant informed him about the interim stay granted by this Court. It is stated that the appellant came to know that the respondent filed S. A. M. P. No. 806 of 2007 for vacating the stay and the matter came up for hearing on 19. 4. 2007 and the appellant came to know that his counsel addressed a letter about the filing of vacate stay application and for the reasons best known the letter did not reach him. Under such circumstances, since the appellant came to know that the stay was made absolute on the condition of appellant depositing rents regularly with a default clause, the appellant was advised to file the application for enlargement of time. When this application was taken up for hearing, the counsel on recorded advanced elaborate submissions and made a request to dispose of the second appeal itself and, thus, inasmuch as the second appeal itself is taken up for final hearing and the same is being disposed of finally, no further orders need be passed on the present S. A. M. P. No. 1932 of 2007 and accordingly the same is hereby closed.