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Judgment
Sanjay K. Agrawal, J
Learned counsel for the petitioner submits that the application filed by the petitioner / defendant No. 4 under Section 151 of the C.P.C. for vacating
the stay has been rejected by the trial Court which was rather an application under Order 39 Rule 4 of C.P.C. for modification / vacating interim
order. Therefore, he may be permitted to file a fresh application under Order 39 Rule 4 of the C.P.C., in view of the decision rendered by this Court in
the case of Ramdin v. Fulamati and Others I.L.R. 2018 Chhattisgarh 316.
I have heard learned counsel for the petitioner.
The prayer is fair and reasonable.
Be that as it may, the petitioner is at liberty to file an application under Order 39 Rule 4 of C.P.C. for vacating the stay / modification of the interim
injunction granted on 19.12.2013. If such an application is filed by the petitioner, the trial Court will decide the said application without being prejudice
by the impugned order dated 16.05.2018.
With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).