Sanjay Chourdia vs Satish Agrawal
2021 Latest Caselaw 3691 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                          FA No. 651 of 2018

                 Sanjay Chourdia Versus Satish Agrawal


1. Sanjay Chourdia S/o Late Parasmal Chourdia Aged About 42 Years R/o
   Anmol Super Bazar Amrit Sandhes Complex ,G.E. Road Tahsil Raipur District
   Raipur Chhattisgarh.

2. Vikram Chourdia S/o Late Parasmal Chourdia Aged About 42 Years R/o
   Anmol Super Bazar Amrit Sandhes Complex ,G.E. Road Tahsil Raipur District
   Raipur Chhattisgarh.

3. Abhay Chourdia S/o Late Parasmal Chourdia Aged About 38 Years R/o Anmol
   Super Bazar Chouhan Estate Near Mourya Talkies Bhilai ,district Durg
   Chhattisgarh.

4. Maina Bai Chourdia Wd/o Late Parasmal Chuordia Aged About 65 Years R/o
   Swaroopchand Nginchand And Brothers Near ,mahavir ,school ,gudihari
   Raipur Chhattisgarh.

                                                             ---- Appellants

                                 Versus

 Satish Agrawal S/o Shri Kanhaiya Lal Agrawal Proprietor Hans Book Depo
  ,kanakli Hospital Chowk ,raipur Tahsil And District Raipur Chhattisgarh.,
  District : Raipur, Chhattisgarh

                                                            ---- Respondent

14.12.2021 Shri Manoj Paranjpe, counsel for the appellants.

Shri Ankur Agrawal, counsel for the respondent.

This is first appeal arising out of judgment and decree passed by the learned 8th Additional District Judge, Raipur in Civil Suit No. 09-B/2013 passed on 25.07.2018.

Learned counsel for the appellants would submit that learned trial Court relying upon the promissory note in mechanical manner without applying mind. The findings recorded by the trial Court is perverse. The issue requires to be considered by this Court. The appeal is admitted for hearing. The appellants also filed I.A. No. 1 under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure.

Learned counsel for the appellants would submit that order is prima facie illegal and based on perverse findings.

On due consideration, I.A. No. 1 is allowed subject to the condition that appellant will deposit Rs. 2.5 Lakhs along with interest from the 01.12.2012 till today within one month then the effect and operation of the judgment and decree dated 25.07.2018 shall remain stayed till the next date of hearing.

Sd/-

(Narendra Kumar Vyas) JUDGE Deshmukh