The appellant's conduct disentitled him to any interim injunction, as he delayed the matter by not submitting paper books within the prescribed time, despite the respondent having filed theirs.

Sudhir Agarwal and Brijesh Kumar Srivastava-II, JJ.

This is an application under Order 41 Rule 5 CPC read with Section 151 CPC, praying for stay of the effect and operation of the judgment dated 05.05.2005 passed in O.S. No. 513 of 1989 by Civil Judge, (Senior Division), Allahabad.

2. The appeal under section 96 of Code of Civil Procedure has arisen from the judgment dated 05.05.2015 and decree prepared on 15.05.2015 in Original Suit No. 503 of 1989.

3. The dispute relates to the office of Shankaracharya at Jyotirmath Badrikashram. After almost 26 years, the Trial Court i.e. Civil Judge (Senior Division), Allahabad, finally adjudicated the aforesaid suit having wide impact upon substantial section of people, having belief in Hindu religion.

4. When this appeal initially came up before this Court on 26.5.2015, both the parties agreed that looking to seriousness of issues raised in this appeal, the appeal itself be expeditiously heard and decided and parties assured the Court that they shall get paper books prepared very expeditiously. On their request, the Court passed the following order:

"1. Heard Sri V.B. Upadhyay and Sri Ravi Kant, learned Senior Advocates, assisted by several counsels including Sri V.D. Ojha, Sri Manish Goyal, and Sri Ved Mani Tiwari, for the appellant. Notice on behalf of plaintiff-respondent was served upon Sri S.P.S. Parmar, Advocate. Sri Shashi Nandan, Sri W.H. Khan and Sri B.P. Singh, learned Senior Advocates, assisted by Sri Anoop Trivedi, Sri Udayan Nandan, Sri A.B. Singhal, Sri Vivek Kumar Singh and Smt. Swati Agarwal have appeared for respondent.

2. Admit.

3. Since the respondent is already represented though counsels, there is no need to issue notice.

4. Looking to the nature of dispute and also the earlier order passed by the Apex Court by which the matter was remanded to Trial Court for deciding the suit expeditiously, we are of the view that this is a matter which should be decided expeditiously.

5. Let the record of Court below be summoned through Special Messenger. Steps shall be taken by appellant within three days.

6. Parties thereafter shall take steps to get the paper-book prepared and the same shall be filed within five weeks.

7. Learned counsels for parties agreed that this matter should be decided expeditiously and they request to have this matter for final hearing at an early date.

8. List this appeal for final hearing on 14.07.2015."

(emphasis added)

5. Pursuant thereto, Lower Court record was received in the office on 03.06.2015. Office submitted report on 13.07.2015 that despite receipt of lower Court record on 03.06.2015, parties have not filed their respective paper books. The appeal came up before Court on 14.07.2015 on which date, the plaintiff respondent appearing through Sri Anoop Trivedi, Advocate, filed counter affidavit, opposing stay application. As prayed, time was granted to appellant to file rejoinder affidavit.

6. The appeal then came up before Court on 21.07.2015 along with report of the office that none of the parties has submitted paper books as yet. On 21.07.2015 counsel for applicant-appellant filed rejoinder affidavit. On the request of counsel appearing for plaintiff respondent, the matter was directed to be listed on 27.07.2015.

7. In the meantime, on behalf of appellant, Misc. Application No. 221328 of 2015 was filed, requesting six weeks' time for preparation of paper books. However, this application was not pressed at any point of time and Court was given an impression that process of preparation of paper books is going on. Paper books still having not been filed, report to this effect was submitted by office on 25.07.2015 and when matter came up on 27.07.2015, both the parties requested to have it on 30.07.2015 for disposal of ad interim application. The office submitted report dated 29.07.2015 that paper books still have not been filed.

8. Then this matter came up on 03.08.2015 when counsel for respondent stated that paper books are ready and Reg