Ramfal vs Parbatiya
2021 Latest Caselaw 2215 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                       FA No. 398 of 2018
                                    Ramfal Versus Parbatiya




 07.09.2021          Shri Rahul K. Mishra, counsel for the appellant.

                     Shri A.N.Pandey, counsel for respondent No.1.

Shri Raghavendra Verma, G.A. for the State/respondent No.2.

Heard on I.A.No.01/2018, an application filed under Order 39 Rule 1 & 2 of

the Code of Civil Procedure, 1908, praying for issuance of direction against

respondent No.1 from creating any third party interest with regard to the property in

question, pending decision of this appeal.

On due consideration of the said application and considering further that

after entertaining the issue No.2, it was observed by the trial Court that the Plaintiff

was not found to be ready and willing to perform his part of the contract, I am not

inclined to allow this application. The application is accordingly rejected. It is,

however, observed that if third party interest is created during the pendency of this

appeal, the same would be subject to the final outcome of the judgment and

decree ultimately to be passed in this appeal.

I.A.No. 01/2018 is thus disposed of.

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani