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2023 Supreme(P&H) 700

ARCHANA PURI
Manjit Kaur @ Rani Through his Lrs – Appellant
Versus
Raghu Khosla – Respondent


Advocates appeared:
Mr. R.S.Chauhan, Mr. Rohit Sapehiya and Ms. Deepika Chauhan, Advocates for the petitioner(s).
Mr. V.K.Sandhir, Advocate for the respondents.

ARCHANA PURI, J.

1. The petitioner(s) has invoked the jurisdiction of this Court under Article 227 of Constitution of India, for issuance of appropriate direction to learned Lower Court, for deciding the stay application dated 07.12.2022 (Annexure P-4), filed under Order 41 Rule 5 read with Section 5 of CPC.

2. It is submitted by learned counsel for the petitioner(s) that an application for stay, which was filed along with the appeal, to challenge the order dated 10.10.2022, passed on an application under Order 9 Rule 13 CPC, an application for grant of stay was also filed, but however, no order has been passed on the stay application by learned Lower Appellate Court. Simultaneously, the respondents are also pursuing the execution filed and warrant of possession has been ordered to be issued against the property of the present petitioner(s).

3. The appeal is stated to have been filed on 07.12.2022 and the pendency of the application for stay, as such, is causing constraint upon the rights of the petitioner(s), whose rights, vis-a-vis, the property in question are jeopardized on account of issuance of warrant of possession. Even, it is submitted that the respondents have been proceeded

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