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Judgment
A. Guneshwar Sharma, J
[1] Heard Mr. H. Prabir Kumar, learned counsel for the application in MC(RSA)No.34 of 2024.
[2] Issue notice.
[3] Ms. H. Chanu Meera, learned counsel assisting Mr. M. Rarry, learned senior counsel accepts notice on behalf of the respondents. Mr. M. Rarry, learned senior counsel for the respondents prays for two weeks’ time for filing objection to the misc. case.
[4] Mr. H. Prabir Kumar, learned counsel for the applicant submits that an order of status quo as on date may be passed considering the fact that the appeal will be frustrated if the degree is fully executed.
[5] On the other hand, Mr. M. Rarry, learned senior counsel for the respondents submits that passing an order of status quo as on dated will amount to upholding the illegality order of removing part of the fence by the applicant.
[6] In the circumstance, this Court is of the opinion that the Executing Court while passing order may take into consideration the fact that the Second Appeal is under active consideration before this Court.
[7] Send a copy of this order to the Executing Court i.e. Court of Ld. Civil Judge, Senior Division, Imphal East in connection with the Execution Case No.19 of 2022.
[8] List on 04.12.2024.