Vedprakash vs Ganesh Ram Dewangan
2022 Latest Caselaw 1124 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                             FA No. 110 of 2021
1. Vedprakash S/o Hariram Dewangan Aged About 45 Years R/o Tikripara, Ward
   No. 12 Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh.
   (Defendant No. 1).
2. Smt. Jantri Bai W/o Hariram Dewangan/ Koshta Aged About 72 Years R/o Tikripara,
   Ward No. 12 Gandoi, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh.
   (Defendant No. 2).
                                                                  ---- Appellants.
                                      Versus
 • Ganesh Ram Dewangan S/o Late Banshilal Dewangan Aged About 60 Years
   Presently R/o - 112 Poonam Colony, Ward No. 17 Rajnandgaon, Tahsil And
   District Rajnandgaon, Chhattisgarh, Permanent R/o Tikripara, Ward No. 12,
   Gandi, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. (Plaintiff).
                                                                 ---- Respondent

2-3-2022 Mr. Rakesh Pandey, counsel for the appellants.

Mr. K. Sharma, counsel for the respondent. This appeal has already been admitted for hearing. Heard on I.A.No. 1 of 2021, which is an application filed under Order 41 Rule 5 of CPC for grant of stay.

Learned counsel for the appellants would submit that the trial court without appreciating the fact, evidence on record has passed judgment and decree, therefore, prima facie case is made out in favour of the appellants. He would further wubmit that if the judgment and decree passed by the trial court is not stayed, the appellants will be dispossessed the suit house which cannot be compensated in terms of money and this will also cause irreparable loss to the appellants.

Considering the aforesaid aspect of the matter, I.A.No.1 of 2021 is allowed and it is directed that the effect and operation of the judgment and decree dated 21-10-2021 passed by the trial court in Civil Suit No. A/3/2014 shall remain stayed, till the next date of hearing.

It is made clear that both the plaintiff and respondent shall be restrained from further alienating the suit land, till the next date of hearing.

List this case after six weeks.

Sd/-

(Narendra Kumar Vyas) Judge Raju