Smt.Kiran Agrawal And Anr vs Smt.Sarvani Dutta And Ors
2022 Latest Caselaw 3337 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                              FA No. 22 of 2014

1. Smt.Kiran Agrawal W/o Ram Bhagat Agrawal Aged About 38 Years R/o Near
   Naya Talab, Post- Gudhiyari, Raipur, Tah. And Distt. Raipur C.G.,
   Chhattisgarh

2. Madhusudan Agrawal S/o Durga Prasad Agrawal Aged About 38 Years R/o
   Near Naya Talab, Post- Gudhiyari, Raipur, Tah. And Distt. Raipur C.G., District
   : Raipur, Chhattisgarh

                                                                   ---- Appellants

                                   Versus

1. Smt.Sarvani Dutta And Ors. W/o Arun Kumar Dutta Aged About 36 Years R/o
   Near Vivekanand Vidyapeeth, Bhawani Nagar, Kota Raipur, P.O. Ravishankar
   University, P.O. Amanaka, Raipur, Tah. And Distt. Raipur C.G., Chhattisgarh

2. Khorbahra Sinha S/o Late Panna Lal Sinha Aged About 45 Years R/o
   Khalbada Road, Shukrawari Bazar, Post- Gudhiyari, Raipur, Tah. And Distt.
   Raipur C.G., District : Raipur, Chhattisgarh

3. Smt. Sunita Sinha W/o Late Shivlal Sinha Aged About 30 Years R/o Chhota
   Bawani Nagar, Behind Vivekanand Vidyapeeth, Kota Raipur, Tah. And Distt.
   Raipur C.G., District : Raipur, Chhattisgarh

4. Ku. Ritu Sinha D/o Late Shivlal Sinha Aged About 12 Years Minor, Thru-
   Mother Smt. Sunita Sinha, R/o Chhota Bawani Nagar, Behind Vivekanand
   Vidyapeeth, Kota Raipur, Tah. And Distt. Raipur C.G., District : Raipur,
   Chhattisgarh

5. Ku. Damini Sinha D/o Late Shivlal Sinha Aged About 10 Years Minor, Thru-
   Mother Smt. Sunita Sinha, R/o Chhota Bawani Nagar, Behind Vivekanand
   Vidyapeeth, Kota Raipur, Tah. And Distt. Raipur C.G., District : Raipur,
   Chhattisgarh

6. Deepak Kumar Goldi S/o Late Shivlal Sinha Aged About 8 Years Minor, Thru-
   Mother Smt. Sunita Sinha, R/o Chhota Bawani Nagar, Behind Vivekanand
   Vidyapeeth, Kota Raipur, Tah. And Distt. Raipur C.G., District : Raipur,
   Chhattisgarh

7. Nand Kishore Sinha S/o Late Panna Lal Sinha Aged About 34 Years R/o
   Paharipara Chowk, Besides Janta Qtr. No.1, Post- Gudhiyari, Raipur, Tah.
   And Distt. Raipur C.G., District : Raipur, Chhattisgarh
 8. Smt. Chaiti Bai W/o Late Pannalal Sinha Aged About 65 Years R/o Paharipara
   Chowk, Besides Janta Qtr. No.1, Post- Gudhiyari, Raipur, Tah. And Distt.
   Raipur C.G., District : Raipur, Chhattisgarh

9. Smt. Mogra Bai W/o Pardeshi Sinha Aged About 43 Years R/o Hathnipara,
   Bhatapara, Post- Bhatapara, Tah. And Distt. Raipur C.G., District : Raipur,
   Chhattisgarh

10. Smt. Motin Bai W/o Balla Sinha Aged About 41 Years R/o Village And Post-
    Devkar, Block Saja, Tah. Dhamdha, Distt. Durg C.G., District : Durg,
    Chhattisgarh

11. Smt. Khemin Bai W/o Hukum Sinha Aged About 38 Years R/o Garadih, Tah.
    Dhamdha, Distt. Durg C.G., District : Durg, Chhattisgarh

12. Smt. Shanti Bai W/o Santosh Sinha Aged About 38 Years Through-
    Nandkishore Sinha, S/o Late Panna Lal Sinha, R/o Paharipara Chowk, Janta
    Qtr. No. 01, Post- Gudhiyari Raipur, Tah. And Distt. Raipur C.G., District :
    Raipur, Chhattisgarh

                                                               ---- Respondents

09.05.2022 Shri Aashish Shrivastava, Sr. Advocate with Shri Ramayan Yadav, counsel for the appellants. Shri P. Acharya and Shri Akash Kundu, counsel for the private respondents.

This Court vide order dated 10.02.2014 has directed to the appellants to pay all the dues recoverable under the decree and furnish security of Rs. 50,000/- to the satisfaction of the trial Court for compliance of the judgment which may ultimately be passed in appeal within 30 days, then the execution of sale deed shall remain stayed until further order. This order could not be complied with even after five years for the reasons best known to them. Thereafter, I.A. No. 3 for extension of time in compliance of order dated 10.02.2014 has been filed contending that inadvertently the order could not be complied with by them, but if the interim protection is not granted, then the very purpose of filing the appeal will be frustrated.

Considering the fact that this Court has already granted interim protection to the appellants, though the same could not be complied on part of the appellants, but once order has been passed it has to be given effect to. But, this Court cannot lose sight of the fact that appellants have not complied with the order within stipulated time, therefore, if the appellants deposit Rs. 15,000/- before the High Court Bar Association within two weeks from today and thereafter if appellants comply order dated 10.02.2014 within four weeks, then, execution of sale deed shall remain stayed till the next date of hearing.

List this case along with FA No. 15/2014 in the week commencing 11th July, 2022.

Sd/-

(Narendra Kumar Vyas) JUDGE

Deshmukh