LAWS(MPH)-2022-4-82

TRIVIKRAM PRASAD Vs. YASHODANANDAN DWIVEDI

Decided On April 21, 2022
Trivikram Prasad Appellant
V/S
Yashodanandan Dwivedi Respondents

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging order dtd. 10/11/2021 contained in Annexure-P/1.

(2.) By impugned order dtd. 10/11/2021 contained in Annexure-P/1, appellate Court has stayed order of injunction.

(3.) Counsel appearing for petitioner submitted that order of appellate Court suffers from illegality and is without jurisdiction. It is submitted that appellate Court cannot pass order of stay over grant of injunction. Counsel appearing for petitioner relied on judgment reported in (1997) 5 ALT 776, in case of Pothuru Venkata Rama Raju Vs. Yandra Venkata Narsayya and others. He relied on para 9 of the said judgment which is quoted as under:-