Smt. Dashri Bai vs Brijlal
2021 Latest Caselaw 2075 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                               FA No. 258 of 2018
       1. Smt. Dashri Bai Wd/o Late Ramlal Aged About 70 Years
       2. Nathiya Bai D/o Ramlal Aged About 47 Years
       3. Mehatarin Bai D/o Ramlal Aged About 40 Years
          All R/o Infront Of Sahu Bhawan, Amasivni, Raipur, Tahsil And District
          Raipur Chhattisgarh., District : Raipur, Chhattisgarh
                                                                   ---- Appellants
                                    Versus
        Brijlal S/o Shri Sakharam Yadav Aged About 50 Years R/o Amasivni, Tahsil
         And District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
                                                                  ---- Respondent

Through Video Conference

31.08.2021 Ms. Smita Jha, counsel for the Appellants.

Shri Sachin Nidhi, counsel for the Respondent.

Heard on I.A.Nos.1/2018 and 6/2020, applications for grant

of stay.

Learned counsel for the Appellants submits that if the

Defendants are dispossessed in pursuance to the impugned

judgment and decree, it would cause irreparable loss to them and

therefore, she prays for staying the effect and operation of the

impugned judgment and decree dated 27.01.2018 passed in C.S.

No.14-A/2014 pending decision of this appeal.

No reply has been filed with regard to the said applications.

On due consideration, I am inclined to allow the same. The applications are accordingly allowed and it is directed

that the effect and operation of the impugned judgment and decree

dated 27.01.2018 passed by the 8th Additional District Judge,

Raipur(CG) in Civil Suit No.14-A/2014, shall remain stayed until

further orders in so far as the possession part alone is concerned,

subject to the Appellants' furnishing security amount of Rs.25,000/-

before the concerned executing Court within a period of three

months from today for due performance of the decree ultimately to

be passed by this Court.

It is made clear that if any of the conditions is violated then

this interim order shall lose its efficacy and the judgment and

decree under appeal shall become executable forthwith.

The aforesaid interim applications (I.A.Nos.1/2018 and

6/2020), thus, stand disposed.

In view of the above, an application marked as

I.A.No.4/2019, praying for vacating the stay order passed earlier on

26.9.2018, stands disposed.

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge

sunita