2025 Supreme(SC) 973

SUPREME COURT OF INDIA
Sandeep Mehta, Prasanna B. Varale, JJ.
Aditi bhati & ors. – Petitioners
Versus
Kamal singh bhati & ors. - Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 16920/2025
Decided On : 20-06-2025

The Supreme Court upheld the High Court's interim order, emphasizing that the appeal process must be respected and that stay applications may be renewed at the appropriate level.

Headnote:(A) Civil Procedure Code, 1908 - Interim Order - The petition challenges the refusal to stay a trial court judgment while an appeal is pending - High Court issued a notice on the appeal but declined to stay the trial court's judgment - The Supreme Court finds no merit to interfere with the High Court's order, suggesting parties can renew the stay application before the High Court. (Paras 1-4)

(B) Special Leave Petition - Merits - The petition was considered without merit, leading to dismissal. (Paras 4-5)

Facts of the case:
The petitioners sought to challenge an interim order from the High Court that denied a stay on the trial court's judgment related to their initiated appeal.

Findings of Court:
No justification found to interfere with the High Court's interim order, as the main application for stay remained in consideration.

Issues: The key issue revolves around the propriety of the High Court's decision to not grant a stay on the trial court judgment amidst pending appeal considerations.

Ratio Decidendi: The court clarified that the petitioners can renew their request for a stay in the High Court, reinforcing that the Supreme Court does not find sufficient merit for intervention at this stage.

Result: Special leave petition dismissed.