Table of Contents
Comment
The court directs the lower court to promptly address the stay application and issue a reasoned order within two weeks. The judgment underscores the importance of timely resolution and procedural fairness in legal proceedings.
Pleading
The petitioner, Gurdeep Singh, brings forth a grievance regarding the prolonged delay in resolving their appeal no. 2 of 2019 (Sardool Singh (deceased) and another vs. Nagar Ayukt Kanpur Nagar), pending for over four years. Additionally, the petitioner’s stay application filed on 24.01.2024 has been scheduled for a later date, potentially undermining the purpose of filing the appeal.
Facts
The petitioner emphasizes the necessity of hearing the stay application and passing an appropriate order, as failure to do so would defeat the purpose of filing the appeal. It is asserted that the lower court should promptly address stay applications when statutory appeals are filed after fulfilling pre-deposit conditions. Routine orders deferring the stay application do not serve the interests of justice.
Observation
The petitioner, Gurdeep Singh, highlights the prolonged delay in resolving appeal no. 2 of 2019 and the pending stay application. The court emphasizes the need for prompt action on stay applications to uphold procedural fairness.