INDRA DEVI SATTAN YADAV Vs. PRAKASH KUMAR TIBEREWAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The present petition has been filed"against the order dated 18.11.2019 passed by the learned Additional District and Sessions Judge Vth, Bettiah, District West Champaran, (the name of the Presiding Officer is not visible) passed in T.A. No. 20/13, CIS T.A. 331/13 and its analogous appeal (as contained in Annexure-3) whereby and whereunder, the learned lower appellate Court has refused the prayer of the petitioners under Section 151 of the C.P.C., under which, the petitioners prayed to recall the order dated 17.10.2016 by which, the order of stay dated 27.08.2014 passed under Order 41 Rule 5 of the CPC was dismissed as not pressed."

(3.) Learned counsel for the defendant(2nd Set)/ appellant/petitioners submits that the learned appellate Court ought not to have dismissed their prayer for recall of the order dated 17.10.2016 by which their application dated 27.08.2014 filed under Order 41 Rule 5 CPC for stay of execution of the decree had been dismissed. It is submitted that the defendant(2nd Set)/ appellant/petitioners are in possession and the suit had been filed for recovery of possession. Dispossession at this stage during pendency of the appeal would cause great hardship to the defendant(2nd Set)/ appellant/petitioners.