Madhya Pradesh High Court
Radheshyam vs Motilal on 6 August, 2024
Author: Anil Verma
Bench: Anil Verma
1 SA-132-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
SA No. 132 of 2015
(RADHESHYAM AND OTHERS Vs MOTILAL AND OTHERS )
Dated : 06-08-2024
Shri Jitendra Bharat Mehta, learned counsel for the appellant.
Senior Advocate Shri A.S.Garg appeared for the Respondent.
Shri Tarun Pagare GA appearing on behalf of Advocate General.
Heard on IA no. 7380/2018, which is an application filed under Order 41 Rule 5 of C.P.C for staying the execution of impugned judgment and decree.
Counsel for the respondent submits that if execution of impugned judgment and decree is stayed, then the appellant be directed to pay sufficient amount towards mesne profit to the respondent.
Present appeal is an admitted appeal. The appellant has purchased the property through registered sale deed. The respondent has not filed cross appeal. The trial Court has not passed any order regarding mesne profit, therefore, at this stage, no need to issue any order regarding mesne profict.
In view of the aforesaid, the IA is allowed and effect and execution of impugned judgment and decree dated 29/11/2014 passed by Additional District Judge, Khategaon, District - Dewas in Civil Appeal no. 43-A/ 2014 shall remain stayed till final disposal of this appeal.
Registry is directed to list the matter for final hearing in due course. CC as per rules.
(ANIL VERMA) JUDGE Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 06-08-2024 18:25:53 2 SA-132-2015 amol Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 06-08-2024 18:25:53