Effect of stay order


Respected Panelist,

 

In a Title Suit between two partners Plaintiff "A" and Defendant "B", Trial Court allowed Plaintiff "A" application under Order 39 Rule 1 & 2 and the said ad-interim injunction was made Absolute.

In due course:

  • Plaintiff "A" filed application u/Order 40 Rule 1 and Ld Court appointed a Receiver for the said partnership business.
  • As per order of Ld. Court, Ld Receiver visited suit property for inspection but Defendant "B" never complied with the notices of Ld Receiver and bring three outsider/proxies "C", "D" and "E" into the picture.
  • The three outsider/proxies "C", "D" and "E" put their claim on the part/portion of the suit premises by showing "Rent Receipts" from a purported landlord "F".
  • Upon an application by Plaintiff "A" u/s 151 CPC and as per the prayer by the Ld. Receiver, Ld Court allowed and authorized Ld. Receiver to put his padlocks on the entrance of the suit property with the help of Police.
  • Ld. Receiver complied with the Ld. Court order and the suit property has been put under "Custodia Legis"
  • After the Ld. Receiver’s compliance, said three outsider/proxies "C", "D" and "E" filed application u/Order 1 Rule 10(2) by submitting “Rent Receipts” from Landlord “F” and by claiming that they have one “Tenancy Surrender Letter” by Defendant “B”.
  • Outsider/proxy "C" is allowed to become Party Defendant and petition of "D" and "E" are still pending.

Will appreciate to have your guidance to the following development:

1) Purported Landlord "F" as Non Party/Petitioner has filed an application under Article 227 for staying of Trial Court order by which Ld. Receiver has been authorized to put his padlocks on the entrance of the suit property with the help of Police.

2) Purported Landlord "F" suppressed the factual position that the Ld. Receiver has already complied with the said order and the suit property is under "Custodia Legis"

2) Hon'ble HC has passed an order:

"There will be an order of stay of operation of the impugned order till xxxx date ...."

My Queston/Query:

 

i) What would be the effect of said order of stay of operation upon the proceedings before the Trial Court?

 

ii) Can Outsider/Proxies "C", "D" and "E" by filing application u/s 151 CPC before the Trail Court, claim relief to get the locks removed at this stage without "Framing of Issues" and Trail?

iii) Should Plaintiff "A" pray similarly to get the keys of the suit property?

iV) What should be the best strategy for Plaintiff "A" to have get suit in his favor?

Note: Outsider/Proxies "C", "D" and "E" are submitting Xerox copies of a fabricated "Surrender Letter" by Defendant "B" to show their bonfide of tenancy claim on the part/portion of the suit premises.

 

Looking forward for your valuable guidance/comments.

Thanks

 
Reply   
 

Respected Prasanna Sir,

Thanks for replying. 

Looking forward for some case law / citation to satisfy Trial Court.

Thanks

 

 
Reply   
 


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