High Court of Judicature at Allahabad
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Varanasi Development Authority Thru' Secry, v. Sanjay Gandhi Nagar Nagrik Samiti & Others - WRIT - C No. 17037 of 2004  RD-AH 3842 (30 September 2005)
Hon'ble Vineet Saran,J
Heard learned counsel for the parties.
The interim order was granted initially for a limited period whereby further proceedings in execution case no. 24 of 2002 had been stayed. Learned counsel for the respondent has submitted that in the first appeal filed against the order of the trial court, initially an interim order had been granted but by a detailed order dated 7.1.2002 the same had been vacated and the interim stay application was rejected by the Single Judge of this Court. Against the said order the petitioner filed a Special Leave Petition before the Apex Court which was also dismissed on 3.5.2002 with certain observations. In pursuance of the observations made in the order of the Supreme Court the petitioner filed a review application before the first appellate court which is pending for the last three years. The petitioner virtually wants the stay of the execution proceedings, which relief has categorically been already rejected by the first appellate court by a speaking order. The Special Leave Petition filed against the said order has also been dismissed. The writ jurisdiction cannot be converted to an appellate jurisdiction of an order passed by the first appellate court.
No other good ground for staying the execution proceeding has been argued by the learned counsel for the petitioner. As such the interim order granted in this writ petition, which is operative only till today, is not being extended any further.
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