JASMER SINGH AND OTHERS Vs. ANGURI DEVI

JUDGEMENT

(1.) It is application for vacation of the ex parte stay order dated December 19, 1989, whereby status quo with regard to the possession was ordered to be maintained during the pendency of the appeal.

(2.) No reply has been filed on behalf of the appellant to the said application inspite of the opportunity having been given. It has been stated therein that both the Courts have concurrently found that the Will on the basis of which the appellants claim suit property is forged and fictitious. In view of the said findings of the Courts below, the appellants are not entitled to any stay orders from this Court. The mere fact that the appeal stands admitted is no ground for staying the execution of the decree under appeal. Consequently, the C.M. is allowed and the ex parte stay order dated December 19, 1988, is hereby vacated.