Prashant Mishra vs Om Prakash Sahu
2021 Latest Caselaw 850 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                               FA No. 46 of 2021

     Prashant Mishra S/o Late Prakash Narayan Mishra, Aged About 30 Years As
      Mentioned In The Impugned Judgement, R/o - Baikunthpur, District - Korea
      Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
                                                                      ---- Appellant
                                      Versus
   1. Om Prakash Sahu S/o Shivram Sahu, Aged About 40 Years R/o Village -
      Odgi, Baikunthpur, District - Korea Chhattisgarh. (Plaintiff Before Learned
      Trial Court), District : Koriya (Baikunthpur), Chhattisgarh
   2. Pramod Kumar Mishra S/o Late Prakash Narayan Mishra, Aged About 30
      Years R/o Village - Dhauratikra, Baikunthpur, District- Korea Chhattisgarh.
      (Defendant No 1 Before Learned Trial Court), District : Koriya (Baikunthpur),
      Chhattisgarh
   3. State Of Chhattisgarh Through Collector, Raipur Chhattisgarh. (Defendant
      No 2 Before Learned Trial Court), District : Raipur, Chhattisgarh
                                                                    ---- Respondent

    1                                Through Video Conference

05.07.2021          Shri Jai Prakash Shukla, counsel for the Appellant.

Shri D.C. Verma, G.A. for the State/ Respondent No.3. Heard on admission.

Admit.

Issue notice to Respondent Nos. 1 and 2 only, on payment of P.F. as per rules.

Also heard on I.A.No.1/2021, an application filed under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for staying the effect and operation of the impugned judgment and decree dated 25.3.2021, passed in Civil Suit No.4-A/2016 during the pendency of this appeal.

Issue notice to the Respondents on this application also, as above.

Meanwhile, purely as an interim measure, it is directed that the effect and operation of the impugned judgment and decree dated 25.3.2021, passed in Civil Suit No.4-A/2016 by the Additional District Judge (FTC) Baikunthpur, Korea (CG) shall remain stayed till the next date of hearing subject to the Appellant's furnishing the security amount of Rs.25,000/- within a period of two months from today before the concerned executing court for due performance of the decree ultimately to be passed by this Court.

Call for the records of the court below and post this matter after five weeks for consideration on I.A.No.1/2021.

Sd/-

(Sanjay S. Agrawal) Judge

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