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Civil Miscellaneous Application No.895 in High Court Appeal No.94 of 1986, decided on 16th February, 1986.
---S.151 and O.XXXIX, Rr. 1 & -2--Application for staying order of Trial Court not appealed against--Such order was passed on an application for injunction made by appellant who were ordered to deposit a certain sum in respect of land with Port Trust--Appellant lost their suit before Court--Order of Court to deposit requisite amount, held, could continue to be in effect if not the whole order of dismissal of suit--Appellant was ordered not to be proceeded against its possession, till disposal of appeal subject to their depositing of amount as ordered by the Court.
A.A. Zari for Applicant.
Zahiruddin Khan and Abbas Ahmad for Respondents.
-This application seeks to stay the operation of impugned judgment. We have heard the learned counsel for the parties and we are of the view that the order which has been passed by Mr. Justice Saeeduzaman Siddiqui on 30-9-84 in Suit No.1056 of 1979 and which was not appealed from should be allowed to operate in this matter. The said order had arisen out of the application of stay made by present appellant and in that application it was ordered after hearing the parties that the appellant should deposit Rs.350 per meter per annum of the land with K.P.T. while a sum of fts.1,835/- per meter per annum should be deposited with the Nazir of this Court. The present appellant had not appealed against that order and, therefore, now when the appellant has lost this suit before the Single Judge, therefore, the previous order passed on the injunction- application should at least continue to be in effect if not the whole order of the dismissal of the suit.
Consequently we dispose of this application as under:-
The appellant shall not be proceeded against in the criminal Court against its possession till the disposal of this appeal subject to their making payment as ordered by Mr. Justice Saeeduzzaman Siddiqui on 30-9-84. The amount shall continue to be deposited in the Khas Deposit Certificates. This application is disposed of. The early hearing of the appeal is allowed. The appellant is allowed four months time to deposit the arrears. However, the current amount shall continue to be deposited by the appellant from January 1987.
M.Y.H./H-61/K Order accordingly.
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