High Court of Judicature at Allahabad
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Chandra Deo Sharma v. Saroj And Others - WRIT - C No. 26175 of 2006  RD-AH 9393 (11 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioner.
The appellate court after admitting the appeal of the petitioner has not preferred to grant any stay of the operation of decree appealed against, rather relying upon the statement of the respondents that the decree for cancellation of sale deed has already stood executed.
Learned counsel for the petitioner contends that in case the appeal is admitted it is in the fitness of things that the operation of the decree impugned in such appeal should invariably be stayed and has also relied upon the case law of Mool Chand Yadav & another Vs. Raza Buland Sugar Co. Ltd., Rampur and others, 1983 AWC 121.
Issue notice to the respondents returnable within six weeks.
List thereafter on the date fixed in the notice.
Meanwhile the operation of the impugned decree directing cancellation of sale deed challenged in the suit shall remain suspended in case the entries in the relevant register of Sub-Registrar have not been created according to the decree.
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