SHABBAR HUSSAIN Vs. RAM DAYAL

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India the petitioners are challenging the validity of the impugned order dated 22-5-2010 passed by learned District Judge, Sheopur in Civil Appeal No. 35/2010 whereby the application under Order 41, Rule 5, Civil Procedure Code filed on behalf of petitioners/defendants has been allowed imposing certain conditions.

(2.) Sans unnecessary details, the fact lie in narrow compass. Suffice it to state that an eviction decree dated 11-5-2010 on grounds envisaged under section 12(l)(a) and (b) of the M. P. Accommodation Control Act, 1961 has been passed by learned trial Court in favour of plaintiff/respondent No. 1.

(3.) Assailing the said decree the defendants/petitioners filed a first appeal under section 96 of Civil Procedure Code along with an application under Order 41, Rule 5 of Civil Procedure Code for grant of stay of execution of the eviction decree in the lower appellate Court. The said application has been vigorously opposed by the plaintiff by filing the reply.