- (1.) Heard learned counsel for the petitioner.
(2.) This writ petition has been filed against the order dated 16.11.2011 passed by learned District Judge, Udaipur in Appeal No.55/2010, whereby the learned first appellate court granted adinterim stay order on an application under Order 41 Rule 5 read with Section 151 CPC on the defendants' appeal against eviction. The suit was decreed in favour of landlord on 30.09.2010 in respect of premises situated at Shastri Circle, Udaipur.
(3.) Learned counsel for the plaintiff-petitioner urged that conditions of Order 41 Rule 5 CPC were not satisfied and no sufficient cause was made out in the application for grant of stay. Alternatively, he further submitted that since stay order is operating for last eight months, therefore, the learned lower appellate court may be requested to decide the appeal itself expeditiously.;