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2013 Supreme(All) 2316

SANJAY MISRA
AALAM ALI KHAN – Appellant
Versus
ANJUL – Respondent


Advocates:
Counsel :
Nipun Singh for the Petitioners.

JUDGMENT

Hon’ble Sanjay Misra, J.—Heard Sri Nipun Singh, learned counsel for the petitioners.

2. Notice need not be issued to the respondents in view of the order being passed herein.

3. This writ petition is directed against the order dated 20.9.2013 passed by the Additional District Judge, Court No. 10, Muzaffar Nagar, in Civil Appeal No. 94 of 2013 (Aalam Ali Khan and others v. Smt. Anjul and others) whereby the stay application paper No. 7-C filed by the petitioners alongwith the appeal has been rejected.

4. Learned counsel for the petitioners has placed reliance on a decision of the Supreme Court in the case of Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal and another, AIR 1997 SC 856 and Mool Chand Yadav and another v. Raza Buland Sugar Co. Ltd., 1983 AWC 121, to submit that when an appeal is admitted against an order then an interim protection should be given to the appellant so as to avoid any adverse civil consequences affecting the parties since the impugned order in the appeal is yet to be adjudicated by the Appellate Court.

5. Learned counsel states that Execution Case No. 18 of 2003 arose out of an appellate decree dated 22.5.2000 passed by the Additional Civil Judge (















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