Shri Rajkumar Sharma v. Shri Babul Roy And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO 32/2022 Shri Rajkumar Sharma ... Petitioner/Appellant Vs.

Shri Babul Roy and Anr. ...Opposite Parties/Respondents Mr. Arul Prasanth ...for the Petitioner/Appellant Mr. G. Binnu Kumar ...for the Opposite Parties/Respondents December 14, 2022 [MAM] Item No.8 The Revisional application is directed against the order passed by learned Additional District Judge, Mayabunder on 14th November, 2022 rejecting the application for stay of the Judgment and decree passed by the learned Civil Judge, Senior Division, Mayabunder holding inter alia that Stay Petition filed on behalf of the Appellant virtually prayed for allowing the appeal by setting aside the Judgment and decree passed by the learned Civil Judge, Senior Division, Mayabunder.

Being aggrieved by that order the instant Revisional application has been filed with a prayer for setting aside the order and also to pass order directing the parties to maintain status quo over the suit property till disposal of the appeal.

Learned Advocate appearing on behalf of the petitioner/appellant has submitted before this Court that no such prayer is made before the learned Additional

District Judge in appeal for setting aside the Judgment and decree passed by the learned Civil Judge, Junior Division, Mayabunder except the prayer for stay of the said Judgment.

The Judgment and decree was passed by the learned Civil Judge, Senior Division in a suit for specific performance of contract and appeal was preferred before the learned Additional District Judge, Mayabunder along with a prayer for stay which was disposed of by the learned Additional District Judge with the observation that stay application was filed virtually for setting aside the Judgment and decree passed by the learned Civil Judge, Senior Division, Mayabunder.

On careful perusal of the petition with a prayer for staying the operation of Judgment and decree passed by the learned Civil Judge, Senior Division, Mayabunder, I find no reason to agree with the order passed by the learned Additional District Judge on 14.11.2022 which is absolutely not sustainable in law.

Considering all the facts and circumstances discussed herein above, this Court directs both the parties to the appeal to maintain status quo over the property in question till the disposal of the appeal.

With the aforesaid observation CO No.32 of 2022 stands disposed of with a request to the learned Additional District Judge, Mayabunder to dispose of the appeal as expeditiously as possible preferably within three months.

Let a copy of this order be transmitted to the learned Additional District, Judge, Mayabunder for compliance. (Bibhas Ranjan De, J.)