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Judgment
The petitioners are aggrieved of order dated 05.12.2017 by which they have been declined further adjournment in Execution Case No.62 of 2014.
Partition Suit No.96 of 2008, which was instituted for a decree of partition to the extent of 1/5th share of the plaintiffs in the suit scheduled
properties and to carve out a separate takhta of 1/5th share by appointment of a Survey Knowing Pleader Commissioner, vide judgment dated
04.10.2012 was decreed and a preliminary decree was prepared on 16.10.2012. The decree-holders instituted Execution Case No.62 of 2014 on
14.07.2014 and deposited the requisite expenses. Â
The learned counsel for the petitioners submits that since the appellate court was vacant, the petitioners could not prosecute their application for
stay and that is why they have approached this Court.
In view of the specific provisions under the Code of Civil Procedure and the fact that the petitioners have already filed appeal against the final
judgment and decree passed in Partition Suit No.96 of 2008 in which they have filed an application for stay, without observing on the merits of the
case, the writ petition stands disposed of with liberty to the petitioners to prosecute their application before the appellate court. The appellate court,
it is expected, shall without granting unnecessary adjournment to any of the parties decide the application for stay, within two months.Â