Court No. - 11 Case :- MISC. SINGLE No. - 403 of 2010 Petitioner :- Sunil Tripathi Respondent :- State Of U.P.Thorugh Additional District / Session Judge Unn Petitioner Counsel :- H.A.B.Sinha Respondent Counsel :- C.S.C. Hon'ble Anil Kumar,J.
Notices on behalf of respondent no.1 and 2 have been accepted by learned
Standing Counsel.
Issue notice to respondent no.3 to show cause why the writ petition should not
be admitted.
Sri H.A.B. Sinha, learned counsel for the petitioner for the purpose of interim
relief submits that the definition of order as given under Section 2(14) C.P.C.
is “Order” means the formal expression of any decision of a Civil Court,
which is not a decree” and as such without having a required decree merely
on the basis of an order no execution proceeding may be allowed to initiate by
any person and he also relied in the case of Century Textiles Industries Ltd.
Vs. Deepak Jain and anothers (2009) 5 SCC 634 for the said purpose prima
facie submission made by the learned counsel for the petitioner appears to be
correct as such, till the next date of listing, further implementation and
operation of the order dated 22.12.2008 and 22.9.2009 (Annexure 1 and 2)
passed by the respondent nos. 1 and 2 respectively shall remain stayed.
Order Date :- 29.1.2010
Pramod
