Jairam vs Durga Bai
2023 Latest Caselaw 440 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                              FA No. 7 of 2022
             1. Jairam S/o Late Shri Mayaram Gond Aged About 46 Years
             2. Jablu Ram S/o Late Shri Mayaram Gond Aged About 39 Years
             3. Siyaram S/o Late Shri Mayaram Gond Aged About 29 Years
             4. Jayawati D/o Late Shri Mayaram Gond Aged About 40 Years
             5. Bharti Markam W/o Jairam Aged About 46 Years
             All R/o Village Salhebhat, Post Salhebhat, Tahsil Keshkal, District Kanker
                 Chhattisgarh.
                                                                       ---- Appellants
                                                   Versus
             1. Durga Bai D/o Ganpat Gond Aged About 41 Years R/o Village
                Maradev, Post Gangrel, Tahsil And District Dhamtari Chhattisgarh.
             2. Dharmu Sahu S/o Jaggu Sahu Aged About 55 Years R/o Nayapara,
                Gokulpur, Dabripara, Dhamtari Tahsil And District Dhamtari
                Chhattisgarh.
             3. State Of Chhattisgarh Through Collector, Dhamtari District Dhamtari
                Chhattisgarh.
                                                                       --Respondents

20.01.2023 Shri Ravindra Sharma, counsel for the Appellant.

Shri R.S. Patel, counsel for Respondent No. 1.

None for Respondent No.2, though served.

Shri Priyanshu Gupta, Panel Lawyer for the State/ Respondent No.3.

Heard on I.A.No.1/2022, 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.

On due consideration and that by considering the nature of the decree as passed by the trial Court, I am inclined to allow this application and

accordingly it is directed that the effect and operation of the impugned

judgment and decree dated 30.11.2021 passed by the Additional District

Judge, Dhamtari, District Dhamtari (CG) in C.S. No. 1-A/2019 shall remain

stayed until further orders in so far as the decreetal amount is concerned,

subject to Appellants' depositing 50% of the same, within a period of 45 days

from today, and, the Respondent No.1 shall be entitled to withdraw the same

after furnishing the requisite security to the satisfaction of the concerned trial

court.

With the aforesaid observation, I.A.No.1/2022 stands disposed of.

Post this matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) JUDGE

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