S.B. Civil Misc. Stay Application No. 1282/2005 In S.B. Civil First Appeal No.367/2005 (Prakash Chand Versus Shri Ramesh Chand & Others) Date of Order :: 26th August, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Sri Ram Yadav, counsel for the applicant- appellant (s) Shri Mohit Gupta, counsel for the respondent(s) The learned counsel for the respondents has filed an application for clarification / modification of the order dated 19th July, 2007 passed by this Court in S.B. Civil Misc. Stay Application No. 1282/2005, whereby the proceedings with regard to final decree was allowed to continue and the interim order was passed in favour of the appellant that he will not be dispossessed from the property in dispute. The learned counsel submits that although the order is specific and it was the duty of the trial court to pass the final decree as there was no stay on preparation of the final decree, but learned trial court is unnecessarily harassing the party or he is not capable to understand the order of this court and in these circumstances the court concerned has compelled the applicant to file the present application. -2- The learned counsel for the appellant admits that order dated 19.7.2007 is very specific and no objection was raised on their behalf in this regard and it was the duty of the trial court to pass a final decree in the matter. I have considered the submissions of learned counsel for the parties. The order dated 19th July, 2007 is very specific. This Court vide order dated 19th May, 2005 passed an ex-parte stay order, whereby the final decree proceedings were stayed. The said order dated 19th May, 2005 was modified vide order dated 19th July, 2007 and it was clarified that proceedings with regard to final decree shall continue but appellant shall not be dispossessed from the property in dispute. Therefore, final decree ought to have been passed in the case. However, it is further clarified that it will be open for the trial court to pass a final decree in the matter, but the appellant shall not be dispossessed during the pendency of this appeal. The application stands disposed of. (NARENDRA KUMAR JAIN),J. DK