GULABDAS JI KA AKHARA Vs. MURALI MANOHAR

JUDGEMENT

(1.) Since, the issue involved in these three writ petitions is identical, all petitions are heard and decided by this common order.

(2.) These three writ petitions, preferred by plaintiffs-decree holders, are arising out of one civil suit bearing No.36/2011 (Gulab Das Ji Ka Akhara and Ors. Vs. Raghunath and Ors.) for possession, mesne profits and permanent injunction, which has been decreed by the Court of Senior Civil Judge, Dantaramgarh, District Sikar, vide judgment and decree dated 11 th July, 2022. The operative portion of the decree dtd. 11/7/2022 reads thus:

(3.) Counsel for the plaintiffs have raised a grievance that against the judgment and decree dated 11 th July, 2022, different defendants have preferred three separate first appeals and the First Appellate Court, vide impugned order dated 20 th October, 2023, has stayed the execution and operation of the judgment and decree dtd. 11/7/2022, including staying the decree of mesne profits, as well. It has been pointed out that the Appellate Court has not assigned any reason, as much as, has not adverted its judicial mind to stay the decree of mesne profits, while staying the execution of the decree for possession.