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Judgment
Vivek Jain, J
The present petition has been filed being aggrieved by the proceedings drawn by the Tahsildar for partition of holdings in execution of judgement and decree dated 05.11.2019, whereby the trial Court had passed a decree of partition and in compliance of the said decree, the revenue authorities are proceeding ahead in terms of Section 178 MPLR Code for consequential partition.
The case of the petitioners is that an appeal has been filed under Section 96 CPC against the judgement and decree and initially on 08.01.2020 stay was granted on application under Order 41 Rule 5 CPC till final disposal of the appeal. However, thereafter owing to default in payment of process fees, the appeal was dismissed in terms of Order 9 Rule 2 CPC on 28.05.2024 and within three days thereof the application for restoration in terms of Order 9 Rule 4 CPC has been filed before the Appellate Court, which is still continuing till date and is registered as MJC No.149 of 2024 before the Appellate Court at Singrauli.
It is the grievance that the Appellate Court has not disposed of the application under Order 9 Rule 4 CPC, but on the other hand the execution in terms of the decree is proceeding ahead before the Tehsildar and if partition is carried out, then the petitioners may suffers irreparably.
Considering the aforesaid circumstances, it is directed that the petitioners may file an appropriate application before the Appellate Court seeking interim relief within a period of 15 days from today, if not already filed. The Appellate Court shall deal with the said application in MJC No.149 of 2024 in accordance with law and till the application is disposed of by the Appellate Court, the Tehsildar shall not carry out consequential partition and thereafter, the order passed by the Appellate Court shall be complied with by the Tehsildar.
Petition is disposed of.