HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 7 of 2022
1. Jairam S/o Late Shri Mayaram Gond Aged About 46 Years
2. Jablu Ram S/o Late Shri Mayaram Gond Aged About 39 Years
3. Siyaram S/o Late Shri Mayaram Gond Aged About 29 Years
4. Jayawati D/o Late Shri Mayaram Gond Aged About 40 Years
5. Bharti Markam W/o Jairam Aged About 46 Years
All R/o Village Salhebhat, Post Salhebhat, Tahsil Keshkal, District Kanker
Chhattisgarh.
---- Appellants
Versus
1. Durga Bai D/o Ganpat Gond Aged About 41 Years R/o Village
Maradev, Post Gangrel, Tahsil And District Dhamtari Chhattisgarh.
2. Dharmu Sahu S/o Jaggu Sahu Aged About 55 Years R/o Nayapara,
Gokulpur, Dabripara, Dhamtari Tahsil And District Dhamtari
Chhattisgarh.
3. State Of Chhattisgarh Through Collector, Dhamtari District Dhamtari
Chhattisgarh.
--Respondents
20.01.2023 Shri Ravindra Sharma, counsel for the Appellant.
Shri R.S. Patel, counsel for Respondent No. 1. None for Respondent No.2, though served.
Shri Priyanshu Gupta, Panel Lawyer for the State/ Respondent No.3. Heard on I.A.No.1/2022, an application filed under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for staying the effect and operation of the impugned judgment and decree.
On due consideration and that by considering the nature of the decree as passed by the trial Court, I am inclined to allow this application and accordingly it is directed that the effect and operation of the impugned judgment and decree dated 30.11.2021 passed by the Additional District Judge, Dhamtari, District Dhamtari (CG) in C.S. No. 1-A/2019 shall remain stayed until further orders in so far as the decreetal amount is concerned, subject to Appellants' depositing 50% of the same, within a period of 45 days from today, and, the Respondent No.1 shall be entitled to withdraw the same after furnishing the requisite security to the satisfaction of the concerned trial court.
With the aforesaid observation, I.A.No.1/2022 stands disposed of. Post this matter for final hearing in its due course.
Sd/-
(Sanjay S. Agrawal) JUDGE sunita