CRP 7/2010 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. M Nath, learned counsel for the petitioner, and Mr. HS Thangkh iew, learned counsel for the opposite parties. By making this application, made under order VI of the Assam High Court (Jurisdi ction over District Council Courts) Order, 1954, read with the provisions of Art icle 227 of the Constitution of India, the petitioner, who holds a decree in Tit le Suit No. 19 of 1995, passed by the learned Subordinate District Council Court s, at Shillong, has put to challenge the order, dated 08-12-2009, whereby the le arned Judge, District Council Court, Khasi Hills, Shillong, in Misc. Civil Appea l No. 03/2009, has stayed the operation of the impugned order, dated 30-10-2009, whereby the application, made under Order IX Rule 13 CPC by the opposite party herein, seeking to get the judgment and decree, dated 20-09-2007, passed in Titl e Suit No. 19 of 1995 aforementioned, set aside, was rejected. While considering this revision, what needs to be noted is that in Misc. Case No . 17 of 1995, arising out of Title Suit No. 19 of 1995, a temporary injunction w as granted, on 11-12-1995, restraining the opposite party herein and their labou rers from entering into the suit land and/or doing anything on the suit land. Th is temporary injunction was made absolute by order, dated 13-06-1996. Eventually , the suit stood decreed, in favour of the plaintiff-petitioner, on 20-09-2007. Thus, the injunction order remained operative from 11-12-1995 till 20-09-2007. Against the decree, which had been granted, on 20-09-2007, ex parte, the opposit e party herein filed an application under Order IX Rule 13. This application was rejected on 30-10-2009. The rejection of the application has been put to challe nge in Misc. Civil Appeal No. 03/2009, wherein an order has been passed, as indi cated above, on 08-12-2009, staying the operation of the order, dated 30-10-2009 , and the judgment and decree, dated 20-09-2007, has been kept in abeyance. Howe ver, for staying the operation of the order passed, on 30-10-2009 and/or the jud gment and decree, dated 20-09-2007, no reason has been assigned by the learned D istrict Council Court, Shillong. Situated thus, it becomes clear that in the abs ence of any reason having been recorded by the learned Court below for staying t he operation of the order, dated 30-10-2009, as well as the judgment and order, dated 20-09-2009, cannot be sustained. In view of the above, the impugned order, dated 08-12-2009, is, to the extent th at the same stays the operation of the impugned order, dated 30-10-2009, and the judgment and decree, dated 20-09-2007, is hereby set aside. The appeal is direc ted to be taken up for hearing and disposal in accordance with law on the date a lready fixed, i.e., on 09-02-2010. Learned counsel for the parties concerned hav e agreed to participate in the hearing. In view of the above, the learned Court below is hereby directed to hear the app eal and dispose of the same in accordance with law. Before parting with this revision, it is, however, made clear that if the dispos al of the appeal gets delayed due to latches on the part of the petitioner herei n, the opposite party herein shall be at liberty to make appropriate application for stay of the impugned order as well as the judgment and decree.