Prem Shankar v. Ram Swaroop .

Rakesh Bahadur, Member:— This review petition has been preferred against the order of the then learned Member dated 3.3.2004 in second appeal No. S.A 63 of 2002–2003.Rae Bareli. By this order, the learned Member has recalled the stay order dated 7.8.2003, passed in the second appeal.

2. Earlier, a stay order was passed on 7.8.2003, the date of admission upto 5.2.2004 in the aforesaid second appeal filed on 13.5.2003 Stay was further extended on 16.12.2003 till the next date.

3. Respondents objected to this stay order on 2.9.2003, stating that they had filed a CAVEAT and the impugned order is ex parte.

4. On 5.2.2004, the arguments were heard for further extension of the stay order dated 7.8.2003

5. But it was argued by the opposite party that the opposite parties 5, 6, 10 and 21 are dead and no application can be Filed by them. The previous stay order was passed without hearing them hence be recalled. The Board recalled the order dated 7.8.2003

6. From a perusal of the appeal file, it is clear that the appeal was filed on 13.5.2003, stay order was passed on 7.8.2003, the CAVEAT was pending and the opposite parties were not heard. Due to non-substitution of opposite parties 5, 6, 10 and 21, applications could not be filed. No stay order was operative since the date of order in appeal dated 22.3.2003 to 7.8.2003 and further, no stay is operative since 5.2.2004 till today.

7. It appears that the appellant are interested to use the stay order to linger on the case. This review petition, being not fit for admission and devoid of merits, is hereby dismissed as such in limine. Record to be set returned within one week.

8. Review Petition Dismissed.