NEMI CHAND Vs. DINESH

JUDGEMENT

(1.) Matter comes up on an application under Sec. 151 CPC for passing appropriate order on the stay application.

(2.) Learned counsel for the appellants-defendants (for short, 'the defendants') submits that the defendants filed the aforesaid appeal challenging the judgment and decree dtd. 29/2/2016 passed by the trial court. Alongwith the appeal, stay application was also filed. The appeal and the stay application are pending since the year 2016, but till date no effective order has been passed. Now the execution proceedings have been commenced, therefore, appropriate order is required to be passed on the stay application.

(3.) He further submits that the defendants were not the party in the agreement dtd. 10/7/1986, therefore no decree for specific performance of the agreement could have been passed against them and for this reason, the same is not executable against them. The respondents-plaintiffs (for short, 'the plaintiffs') wrongly claimed the decree of specific performance against them.