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1985 SCC OnLine All 625 : (1985) 2 ARC 514

Allahabad High Court

Lucknow Bench
(BEFORE K.N. MISRA, J.)

Ashiq Ali … Applicant;

Versus
Mohd. Shakeel and others … Opposite Parties.
Civil Misc. Application No. 9102 (W) of 1985 in re Writ Petition No. 3784 of 1985
Decided on August 9, 1985
The Judgment of the Court was delivered by
K.N. MISRA, J.:— Heard learned Counsel for the petitioner and perused the ad-
interim order of stay dated 12-7-85. It was directed that this case be listed for hearing
in the week commencing 5th August, 1985. The time for depositing the directed
amount as also the mesne profit upto date was extended on 31st July, 1985. It was
further ordered that the petitioner, however, need not deposit the amount which has
already been deposited by him. It was also directed that if the petitioner fails to
deposit the aforesaid necessary amount by 31st July, 1985, the stay order shall stand
vacated automatically and till next date of listing of the case in the week commencing
on 5th August, 1985 the petitioner shall not be evicted from the premises in question
provided he complies with the terms of the order. Learned Counsel for the petitioner
states that in compliance with the order dated 12-7-85, the petitioner has deposited
the decretal amount and also the mesne profit uptodate.
2. This case was listed for hearing on 7th August, 1985, but the case could not be
taken up as Hon'ble D.N. Jha. J. did not hold Court on that date.
3. The case, therefore, could not be taken up. Learned Counsel for the petitioner
urged that the opposite parties are now taking steps to execute the eviction decree
against the petitioner on the ground that the said order automatically exhausted on 7-
9-1985 as operation of said order was not extended on 7-8-1985 when the case was
listed for hearing. Learned Counsel, therefore, urged that the operation of the stay
order be extended till such time as may be deemed fit and proper.
4. In my opinion the said order dated 12-7-85 did not automatically stand vacated
because on the next date of listing, i.e. 7-8-85 the case was not taken up for hearing
as Hon'ble D.N. Jha, J. before whom the case was listed in the cause list, had not held
Court. The entire cause list listed before Hon'ble D.N. Jha, J. stood adjourned. The
effect of it would be that the ad-interim order dated 12-7-85 with regard to stay is to
continue till next date of listing. I, however, pass specific order to the effect that till
next date of listing a the case in the week commencing 2nd September, 1985, the
petitioner shall not be evicted from the premises in question provided they have
complied with the terms of order dated 12-7-85. List the case for orders/hearing in the
week commencing on 2nd September, 1985. Copy of this order be supplied to the
learned Counsel for the petitioner on payment of necessary charges today.
5. Decided accordingly.
———
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