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2019 DIGILAW 1988 (JHR)

Barho Thakur v. Mahabir Thakur

2019-12-10

SANJAY KUMAR DWIVEDI

body2019
JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. I.A. No. 9019 of 2019 has been filed for extension of interim order dated 23.07.2015. 2. Mr. Ambastha, learned counsel appearing for the appellants submits that although status-quo order has been passed by this Court while admitting this Second Appeal, the trial court is proceeding in the execution case in view of the order passed by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Private Limited and Another vs. Central Bureau of Investigation, (2018) 16 SCC 299 . Mr. Ambastha by way of producing the judgment rendered by the Hon'ble Supreme Court in the case of Fazalullah Khan vs. M. Akbar Contractor (D) by LRs. and Others in Civil Appeal No. 6088 of 2011 dated 22.07.2019 submits that Hon'ble the Supreme Court has further clarified the order passed in Asian Resurfacing of Road Agency Private Limited (supra) and observed that it cannot be said that the interim order would automatically stand vacated. The Hon'ble Supreme Court further observed that the aforesaid observation should be kept in mind by both the trial court and the High Court while dealing with this aspect. 3. Mr. Ajit Kumar, learned counsel appearing for the respondents submits that he has filed reply to this interlocutory application. He further submits that this Second Appeal may kindly be taken up at an early date. 4. Considering the submission made by the learned counsel for the parties, this Court finds that this Second Appeal has already been admitted on substantial question of law and vide order dated 23.07.2015 interim order has already been passed in favour of the appellants and in view of the further development in Civil Appeal No. 6088 of 2011, there shall be status-quo with regard to the suit property. 5. Accordingly, I.A. No. 9019 of 2019 stands allowed and disposed of. 6. Since I.A. No. 9019 of 2019 is allowed, in that view of the matter, I.A. No. 2637 of 2012 also stands disposed of. 7. Registrar General of this Court is directed to communicate the order passed by the Hon'ble Supreme Court in the case of Fazalullah Khan (supra) in Civil Appeal No. 6088 of 2011 to all the subordinate courts.