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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Hari Nath Tilhari, J.
Laxminarayanan —Appellant
Vs.
Vinod and another —Respondent
Civil Revision Petition No. 1020 of 1998
Decided on : 06-04-1999
Revision - Stay Order - The court held that an order granting stay or vacating stay does not amount to a case decided, and therefore, the revision petition was dismissed.
Fact of the Case:
The First Appellate Court admitted the appeal and granted a stay order. The revision petitioner questioned the maintainability of the revision from this order, arguing that the order is revisable.
Finding of the Court:
The court found that the order granting stay or vacating stay does not amount to a case decided, and therefore, the revision petition was dismissed. The court also noted that it was open to the applicant to file an application for vacation of stay order.
Issues: The main issue was the maintainability of the revision petition from the order granting stay.
Ratio Decidendi: The court held that an order granting stay or vacating stay does not amount to a case decided, and therefore, the revision petition was dismissed.
Final Decision: The revision petition was dismissed, and any interim order was vacated.
1. This revision is directed against the order dated 21-1-1998 whereby the First Appellate Court while admitting the appeal, granted stay order as prayed in I.A. II filed before it.
2. I put the basic question to the learned Counsel for the revision petitioner how revision is maintainable from this order as stay order does not amount to a case decided. The learned Counsel for the revision petitioner emphatically tried to argue that order is revisable.
3. On behalf of the respondent, my attention has been invited to a decision of this Court in the case of Katari Thippanna v S. Hastimul and Another, this Court has very clearly held that an order granting stay or vacating stay does not amount to a case decided.
4. As such, in my opinion, as the order impugned does not amount to a case decided, the revision is misconceived. No doubt, it was open to the applicant at that time to have filed an application for vacation of stay order. Anyway, revision petition being misconceived, it is dismissed herewith. Interim order, if any is vacated.
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