- (1.) Heard learned counsel for the parties.
(2.) Though this appeal is listed for orders on the stay petition but learned counsels for the parties submitted that the appeal may be decided finally. Learned counsel for the respondents submits that the respondents never had the intention to disturb the appellants in any manner nor they want to disturb the business of the appellants. It is also submitted by learned counsel for the respondents that the respondents will take due care while undertaking any construction work in the building in question but the respondents have apprehension that if the decree passed by the trial court dated 22.12.1994 will remain as it is, the respondents may be held up for breach of decree on any inadvertent act of the labour doing the construction work and that is why the appeal was preferred against the judgment and decree of the trial court.
(3.) It is also submitted that it will be difficult to avoid the futile proceedings of execution of the decree, contempt proceedings etc. because of the reason that the appellants may take undue advantage of the decree of the trial court dated 22.12.1994.;