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1998 Supreme(All) 635

D.K.SETH
GEETA PUMPS PVT. LTD. – Appellant
Versus
DISTRICT JUDGE, SAHARANPUR – Respondent


Advocates Appeared:
PRAMOD JAIN, R.K.JAIN, SUDHIR AGRAWAL

D. K. SETH, J.


( 1 ) THIS writ petition has been filed by M/s. Geeta Pumps Private Limited forquashing the order dated 5/05/1998 contained in Annexure 28 passed by the learned District Judge, Saharanpur in Civil Appeal No. 32 of 1998.

( 2 ) MR. R. K. Jain, learned counsel for the petitioner contended that by reason of an earlier decree passed in suit No. 380 of 1992, the petitioner is entitled to continuous supply of electrical energy to be made by respondent No. 2 through its officers, but the same having not been complied with, the decree was put into execution. Against the decree passed in suit No. 380 of 1992, Civil Appeal No. 32/1998 was preferred by the respondent-defendant. By an order dated 23-4-1998, further proceedings of the execution case No. 4 of 1998 was stayed. Thereupon, the petitioner had filed an application for vacating the said order of stay, which was disposed of by an order dated 5-5-1998 since been challenged in this writ petition. By the said order, hearing of the said application for vacating interim order was deferred to some other date and while deferring the hearing, the Court had observed that partial stay of the execution proceedings cannot be granted a



























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