Bhawani Fher vs Vinod Kumar Sharma - 2023 Supreme(Del) 4209

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4209

TUSHAR RAO GEDELA
Bhawani Fher – Appellant
Versus
Vinod Kumar Sharma – Respondent

Advocates appeared:
Mr. Neerad Pandey, Advocate, for the Petitioner.
None, for the Respondent.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 27342/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 865/2023 & CM APPL. 27341/2023 (for stay)

3. Petitioner challenges the order dated 12.05.2023, whereby the learned First Appellate Court in RCA No. 22/2023 titled as "Bhawani Fher vs. Vinod Kumar Sharma" had refused to pass any interim orders on the application under Order 41 Rule 5 of the Code of Civil Procedure, 1908 seeking stay of the execution proceedings.

4. Learned counsel appearing for the petitioner submits by referring to the order dated 01.03.2023, whereby while issuing notice on the appeal filed by the petitioner, the learned First Appellate Court did not pass any orders of the ex parte ad interim relief or stay of the operation of the judgment and decree dated 03.02.2023 on the ground that no execution had been filed by then and, therefore, there arose no requirement to grant any ex parte interim relief to the petitioner, who was the appellant before the learned First Appellate Court.

5. Learned counsel brings the attention of this Court to

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