Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE NARENDRA SINGH DHADDHA, J
RITESH KHATRI S/O SHYAM SUNDER KHATRI – Appellant
Versus
SHYAM SUNDER KHATRI S/O BALMUKUND KHATRI – Respondent
Order :
1. The Civil Writ Petition has been filed by the petitioner-defendant(for short ‘the defendant’) against the order dated 18.01.2025 passed by the Additional District Judge, Sawai Madhopur (for short ‘the appellate court’), whereby the appellate court dismissed the stay application filed by the defendant under Order 41 Rule 5 read with Section 151 CPC in Civil Regular Appeal No.64/2024 titled as ‘Ritesh Khatri Vs. Shyam Sundar Khatri’,. Learned counsel for the defendant submits that the plaintiff had filed a suit for mandatory injunction and recovery of mesne profit against the defendant in which the trial court vide judgment and decree dated 19.10.2024 decreed the suit and directed the defendant to hand over the vacant possession of the disputed premises within two months.
2. Learned counsel for the defendant also submits the defendant had filed an appeal against the impugned judgment and decree dated 19.10.2024 passed by the trial court and also filed an application under Order 41 Rule 5 read with Section 151 CPC .
3. Learned counsel for the defendant also submits that the trial court vide order dated 18.01.2025 dismissed the said application while observing that if defenda
The appellate court correctly dismissed the stay application, affirming the need for the defendant to argue the appeal on merits without unnecessary delays.
The court established that a stay application can be dismissed if the applicant fails to demonstrate possession and if a decree has already been executed against other parties.
The court's jurisdiction under Article 227 of the Constitution of India can be invoked to direct the expeditious disposal of a stay application filed along with an appeal, especially when the pendenc....
The main legal point established in the judgment is the requirement for the petitioner to establish a sufficient cause to seek a stay of the decree under Order XXI, Rule 29, and the presumption in fa....
The main legal point established is the court's discretion to grant stay of execution subject to the petitioner's compliance with the undertaking of payment of mesne profits and the automatic vacatio....
Mere pendency of an appeal does not stay execution proceedings unless explicitly ordered by the appellate court, as per Order 41 Rule 5 of the Code of Civil Procedure.
The court's decision was based on the principle of maintaining status quo and ensuring that the petitioners' appeal is considered before any further action is taken.
The main legal point established in the judgment is the court's power to direct the maintenance of status quo regarding a possession notice until the appeal and application are considered by the Trib....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
