Matuk Lal Soni (Died) Through Lrs vs Sriram Janki Bade Mandir Trust ...
2021 Latest Caselaw 2583 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                          Second Appeal No.125 of 2008

Matuk Lal Soni (dead) through Legal Representatives Versus Sriram Janki Bade
                             Mandir Trust Samiti

SB
Hon'ble Shri Justice Sanjay K. Agrawal


    Final

27/09/2021 Mr. C.K. Kesharwani, counsel for the appellants.

              Mr. Malay Shrivastava and Mr. Sourabh Sahu, counsel for the
              respondent.

Heard.

Learned counsel for the appellants would submit that despite interim order dated 16-4-2008, warrant of possession has been issued against the appellants which is in violation of the order dated 16-4- 2008 passed by this Court. He would further submit that in compliance of order dated 16-4-2008, rent is being deposited.

Learned counsel for the respondent would submit that previously, this second appeal has been dismissed for non-compliance of the order of this Court, but later-on it has been restored.

By interim order dated 16-4-2008, this Court has clearly stated that the effect and operation of the impugned judgment and decree dated 6-11-2007 passed in Civil Appeal No.8-A/2007 by the 1 st Additional District Judge, Bilaspur shall remain stayed till the final disposal of this appeal. There is no reason not to comply this order.

Explanation be called from the concerned court, why order dated 16- 4-2008 has not been complied and warrant of possession has been issued. Explanation be called through the District Judge, Bilaspur within three days from today.

The matter be listed for final hearing on 1-10-2021. Meanwhile, warrant of possession issued against the appellants shall remain stayed and it be recalled.

Copy of this order be sent to the concerned court today itself by e-mail and fax.

Certified copy today.

Sd/-

(Sanjay K. Agrawal) Judge

Soma