Judgment

Mr. Arun Monga, J.

Petition herein is for setting aside order dated 17.03.2023(Annexure P-1) passed by Ld. Additional District Judge, Bhiwani, whereby Ld. First Appellate Court dismissed the application, moved by petitioner/defendant, under Order 41 Rule 5 CPC for staying operation of impugned judgment and decree dated 30.01.2020 (Annexure P-2) during pendency of first appeal.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Respondents filed a suit for possession by way of specific performance of an agreement to sell dated 03.03.2010 allegedly executed by petitioner in favour of Ompal Singh, predecessor-in-interest of respondent/plaintiffs, agreeing to sell land measuring 12 Kanals. The suit was filed on 08.12.2017 i.e. after about 7 years from the alleged agreement. Ld. trial Court decreed the suit vide judgment and decree dated 30.01.2020 (Annexure P-2).

2.2. Aggrieved from judgment and decree dated 30.01.2020, petitioner/defendant preferred an appeal on 04.10.2021. Allegedly, due to pandemic, the appeal was filed after more than 1½ years. Along with the appeal, the petitioner also filed an application (Annexure P-3) under Order 41 Rule 5 CPC for staying op