Chattisgarh High Court
State Of Chhattisgarh And Anr vs Ku.Sarita @ Savita And Ors on 31 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 179 of 2014
1. State Of Chhattisgarh Through The Collector, Dist. Rajnandgaon
C.G.
2. The Executive Engineer Mongara Barrage Project, Water Resources
Division Dongargaon, Dist. Rajnandgaon C.G.
---- Appellants
Versus
1. Ku.Sarita @ Savita D/o Late Sukhram Aged About 18 Years
2. Rohit Kumar S/o Late Sukhram Aged About 10 Years
3. Ku. Sarasvati D/o Late Sukhram Aged About 8 Years
No. 2 & 3 represented Through Their Vali Guardian Smt. Sankay
Bai, Wd/o Late Mehatru, aged about 65 years,
4. Smt. Sankay Bai Wd/o Late Mehatru Aged About 65 Years
No. 1 to 4 all R/o Village Durretola, Tah. And Thana Ambagarh
Chowki, Dist. Rajnandgaon C.G.
5. The Executive Engineer (Sanchar And Sudhar) C.G. Electricity
Board, Dongargaon, Dist. Rajnandgaon C.G.
---- Respondents
Through Video Conference
31.08.2021 Shri Raghvendra Verma, G.A. for the Appellants/State.
Shri Saurabh Sahu, Advocate appears on behalf of Shri
Malay Shrivastava, counsel for Respondent Nos. 1 to 3.
Respondent No.4 is reported to be died on 14.6.2016.
None for Respondent No.5, though served.
Heard on I.A.Nos.1/2014, an application for grant of stay.
It is contended by Shri Verma, learned counsel for the
Appellants that for execution of the impugned judgment and
decree, the executing court has directed for issuance of attachment
of movable properties, while directing for listing of the matter on 3 rd
September, 2021, and in the event of execution of the impugned
judgment and decree, an irreparable loss would cause to the
Appellants and prays for staying the effect and operation of the
impugned judgment and decree dated 03.9.2014 passed in C.S.
No.07-B/2011 pending decision of this appeal.
No reply has been filed with regard to the said application.
On due consideration, I am inclined to allow the same.
The application is accordingly allowed and it is directed that
the effect and operation of the impugned judgment and decree
dated 03.9.2014 passed by the Additional District Judge(FTC),
Rajnandgaon(CG) in Civil Suit No.07-B/2011, shall remain stayed
until further orders, subject to the Appellants' depositing 75% of the
decreetal amount as passed by the Court below within a period of
one month from today before the concerned executing court.
Respondent Nos. 1 to 3/Claimants shall be entitled to
withdraw the same as per the directions of the executing 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.
I.A.No.1/2014, thus, stands disposed.
In view of the above, I.A.No.3/2021, an application for urgent
hearing also stands disposed of.
Sd/-
(Sanjay S. Agrawal)
Judge
sunita
