In the High Court of judicature at ………………
Civil Misc. Application No ……………………

(Under Chapter VIII Rule 33 of High Court Rules) on behalf of the appellant.

In
Second Appeal No. ……….of 20………
District………….
M/s. ………………………. and others …Defendants/ Appellants.
Versus
M/s. ……………………… …Plaintiff/Respondents
To,

The Hon’ble Chief Justice and his other companion Judges of the aforesaid Court.

The humble appellants most humbly showeth as under :

1. That the plaintiff-respondent filed a suit for recovery of Rs. ………../- on the allegation that appellants purchased bricks from the firm of respondents and have not paid for the same.

2. That the appellants contested the suit on many grounds including the bar of Section 69 of the Partnership Act against the maintainability of the suit.

3. That both the courts below decreed the suit of the plaintiff-respondents.

4. That the appellants filed the present second appeal and the honourable court was pleased to admit the appeal and stay the operation of the impugned judgment and decree vide its order dated ………20……..

5. That on ……….20…… Hon’ble Mr. Justice ……….………………… vacated the stay order dated ……….. 20…… and directed the appellant to deposit the entire decreetal amount within three months, without affording any safeguards to the interest of appellants in case the present appeal is allowed.

6. That the order dated ……..20………. virtually amounts to the execution of the impugned decree and puts the appellants at an irreparable loss. The present appeal shall become infructuous if the case is pot finally heard at the earliest.

7. That it is just and expedient in the interest of justice that the Hon’ble. Court may be pleased to expedite the hearing of the present second appeal and fix a date for the purpose.

PRAYER

It is, therefore, most respectfully prayed that the Hon’ble Court may be pleased to fix a date for the final hearing of the abovenoted second appeal.
Advocate for the Appellants.