WPMS No. 40/2010 Hon’ble Prafulla C. Pant, J. Shri B. S. Adhikari, Advocate present for the petitioner. Shri Lokendra Dobhal, Advocate present for the respondent. Heard learned counsel for the parties. By means of this writ petition, the petitioner has challenged the order dated 05.12.2009 passed by the First Appellate Court (District Judge, Pithoragarh) in Civil Appeal No. 23 of 2009 whereby the said court has rejected the stay application moved by the defendant- appellant (present petitioner). Brief facts of the case are that the plaintiff- respondent instituted suit No. 13 of 2004 against the present petitioner seeking injunction restraining the defendants from using the disputed gate. A declaration was also sought in said suit by the plaintiff-respondent that he is owner of the gate in question. The trial court after hearing the parties, decreed the suit vide its judgment and decree dated 24.11.2009. The defendant (present petitioner) appears to have preferred an appeal before the First Appellate Court in which a stay application was moved. The First Appellate Court after hearing the parties, rejected the stay application on merits. Having heard learned counsel for the parties and after going through the impugned order, this court is not inclined to interfere with the impugned interim order passed by the court below. Therefore, the writ petition is dismissed summarily with the observation that the First Appellate Court (District Judge, Pithoragarh) shall decide the appeal as expeditiously as possible. (Interim relief application No. 129 of 2010 also stands dismissed). (P. C. Pant, J) Vacation Judge Dt. 19.01.2010 Ravi 2