Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Petitioner, learned Standing Counsel for the Respondent No. 1 and 7 and Sri N.N. Mishra, learned Counsel for the Respondent No. 6.
(2.) THE Petitioner has filed this writ petition against the order dated 25.3.2011 (annexure No. 9 to the writ petition) passed by the Respondent No. 1 by which he has rejected the stay application filed by the Petitioner in Appeal No. 9/33/G of 2007 filed before him against the judgment and decree dated 16.11.2007 passed by Sub -Divisional Officer, Sadar District Gorakhpur in Suit No. 109 of 2006 -07. Learned Counsel for the Petitioner submitted that once the Respondent No. 1 had admitted the appeal preferred by the Petitioner against the judgment and decree passed by the Sub -Divisional Officer, Sadar it was incumbent upon him to have passed an interim order in favour of the Petitioner as the judgment and decree against which the appeal was preferred by the Petitioner carried civil consequences.
(3.) IN support of his contention learned Counsel for the Petitioner has placed reliance upon the decision of this Court in Bhagwan Shankar Bajpayee v. District Judge, Kanpur Nagar, 2009 ADJ (1) 684.;