Banshi Lal Agrawal vs Khorbahra Ram Yadu
2021 Latest Caselaw 3433 Chatt

                 T O HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                   FA No. 92 of 2021
• Banshi Lal Agrawal S/o Late Lajpatrai Agrawal Aged About 50 Years R/o 55/6, Nehru
  Nagar, East, Bhilai, Police Station Supela , Bhilai, Tahsil And District Durg Chhattisgarh
                                                                               ---- Appellant
                                         Versus
1. Khorbahra Ram Yadu S/o Sakha Ram Yadu Aged About 50 Years R/o Village Arasnara,
   Police Station Nandini Nagar (Ahiwara) Tahsil And District Durg Chhattisgarh.
2. Sudhir Agrawal S/o Shri Rekhchandra Agrawal Aged About 49 Years R/o Malviya Nagar,
   Durg, Tahsil And District Durg Chhattisgarh.
3. Sushil Agrawal S/o Shri Rekhchandra Agrawal Aged About 46 Years R/o Malviya Nagar
   Durg , Tahsil And District Durg Chhattisgarh.
4. Mukesh Agrawal S/o Ghanshyam Agrawal Aged About 36 Years R/o Deepak Nagar Durg,
   Tahsil And District Durg Chhattisgarh.
                                                                           ----Respondents

01.12.2021 Mr. Shrawan Agrawal, Counsel for the appellant.

Mr. Raja Ali, Counsel for respondent No.1.

Learned counsel for respondent No.1 would submit that he has

filed vakalatnama but his name has not been shown in the cause list.

Registry is directed to show the name of Mr. Raja Ali, Advocate on

behalf of respondent No.1 in the cause list on the next date of hearing.

Learned counsel for the appellant would submit that in pursuance

of judgment and decree passed by learned trial Court in Civil Suit

No.610-B/2009 decided on 24.03.2021, the execution proceeding has

already been initiated , therefore, matter is urgent.

Looking to the imergence situation that the execution proceeding

is at the final stage, this Court as an interim measure directs that if

appellant deposits Rs.4 lacs in the CCD of the District Court, Durg by

Tomorrow, the execution proceeding shall remain stayed till the next date of hearing. The amount which will be deposited by appellant in the District

Court, Durg shall be kept in the form of Fixed Deposit Record(FDR) in

the Nationalized Bank.

The decretal amount as well as interest accured on the Fixed

Deposit Record(FDR) will be subjected to final outcome of appeal.

The amount so deposited in CCD and Bank shall not disburse to

respondent No.1 till the next date of hearing.

Call for record of the Court below within three weeks.

List this case after 3 weeks. The application under Order 41 Rule 5

CPC will be considered on the next date of hearing.

CC Today.

Sd/-

(Narendra Kumar Vyas)

Judge

parul