- (1.) This writ petition is directed against the order dated 27-11-1993 (Annexure No.2 to the writ petition) passed by the First Additional Civil Judge, Faizabad. The order has been passed on the application (95-C/ 2) of the petitioner praying that it be clarified as to whether the order dated 3-9-1985 staying the operation of the judgment and decree of the trial Court was still in operation.
(2.) The facts so far as they are relevant for disposal of the writ petition, are that a suit was filed by some of the respondents-opposite parties or their predecessor-in-interest for permanent injunction restraining the petitioners and others from interfering with their right to take offerings. The said defendant-opposite parties alleged that they were Khadims and the aforesaid defendant-petitioners, were Mujawirs. On an application for temporary injunction, the trial Court granted the same. This order of the trial Court was later confirmed by the District Judge by order dated 12-8-1958. The suit was ultimately decreed by the trial Court. The defendants petitioners filed appeal against the said judgment and order of the trial Court before the District Judge. They prayed for and were granted stay by order dated 5-9-1958 in the following terms:- "Notice be issued fixing 14-11-1985 for hearing. Meanwhile the operation of lower Court's order shall remain stayed." The appeal was then transferred to the Court of First Civil Judge. In that Court, the petitioners (or some of them) moved an application dated 19-10-1993 (95-C/2) with the prayer that it is be clarified as to whether the order dated 3-9-1985 staying the operation of the judgment and decree passed in suit No. 12 of 1958 was still operative. Learned First Additional Civil Judge heard the parties on this application and held that the order dated 3-9-1985 was no more operative and passed the following order:-
(3.) The petitioners then filed suit petition, being Writ Petition No.2781(MS) of 1993 with the same relief has been claimed in the present writ petition. A counter affidavit was filed in that petition by some of the opposite parties, inter alia, on the ground that some of the petitioners were dead even though the Vakalatnama bears their signatures and that a number of opposite parties are also dead. The particulars of such persons were mentioned in the counter affidavit. The petition was put up on a number of dates but had to be adjourned either because steps were not taken and further time was granted on other grounds. Ultimately, the learned counsel for the petitioner stated that the petition may be dismissed as not present. Accordingly, the petition was dismissed on 6-5-1994.;