.^^ l^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. f227t No. S606 Of 2011 PBTITIONBR Defendant Versus RESPONDBNT Plaintiff Jaipal Das, aged about 56 yeai^, S/o Late PerDiaaaad Siadhi, R/o Siadhi Colony, Beladula, Ra^arh aad Jaipal Clofh Store, Sadar Bazar, Hatari Chowk, Raigarh, District Raigarh (C.G.). Purushottani Das Agrawal, aged about 61 years, S/o late Sarju Prasad Agrawal, R/o Gaddi Chowk, Raigarh, Distdct Raigarh (C.G.). WRIT PBTITION UNDBR ARTICLE 227 OP THB CONSTITUTION OF INDIA. (SB :Hou»bleMr. T.P.Sharma, J.) Present:- Shri Varunendra Mishra, Advocate on behalf of Shri Vipin Punjabi, Advocate for the petitioner. Respondent not noticed. ORDBR (Passedon 21/09/2011) By tlus petition under Article 227 of fhe Constitution of India petitioner has challenged the legaUty and propriety of fhe order dated 9/9/2011 passed by District Judge, Raigarh (C.G.) in CivU AppealNo. 18A/2011. Learaed counsel for fhe petitioner frankly submits fhat case was Usted on 8/9/2011 but on account of explosion in High Court of Delhi premises Advocate had not appeared before the Court aad case was adjouraed for 12/10/2011 appUcation for stay of execution is stUl pendmg before fhe Court below, Trial Court has also passed eviction decree vide judginent aad decree dated 18/7/2011 which become effective after ta^o months Le. from 18/9/2011 fherefore he requested onfy for direction ©fearly heanng/exparte hearing ofapplicaUon filed under Order 41 Rule 5 of fhe Civil Procedure Code, 1908 that too tiU date of fiiial hearmg of aforesaid appUcation, ^ ^r.,.-"^ ~:'^\ ^ ^S38& I I, ^^l^ \^ -^y —^— t1/ Copy of the judgnient aad decree penised. If eviction part of fhe decree is not stayed then appeal would be vutuaUy iafractuous. In these circunistaaces it would be just aad proper for [Mstrict Judge, Raigarh (C,G.) to pass niterira order on application for stay of execution filed under Order 41 Rule 5 offhe Civil Procedure Code, 1908 tUl its fmal hearing aad decision (on such application) to sswe the purpose of appeal otherwise it would be infractuous, wifh fhese direction petition staads disposed of. Intenm appUcation staads dfeposed of. Certt&ed copy today, Sd/- T.P. Sharma Judge ^