Haresh Kumar Dama vs M.A. Wasim
2023 Latest Caselaw 533 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet

                                        FA No. 37 of 2022

       Haresh Kumar Dama S/o Late Ashanand Heerji Dama, Aged About 40 Years
        Caste- Gujrati, R/o Gujrati Colony, Dhamtari District- Dhamtari (C.G.)

                                                                                 ---- Appellant

                                              Versus

     1. M.A. Wasim S/o Late M.A. Alim, Aged About 56 Years Caste- Musalman R/o
        Salhewarpara Dhamtari, Tah And District- Dhamtari (C.G.)

     2. M.A. Fahim, S/o Late M.A. Alim, Aged About 58 Years Caste- Musalman R/o
        Salhewarpara Dhamtari, Tah And District- Dhamtari (C.G.)

     3. Raju Fahim S/o M.A. Fahim, Aged About 36 Years R/o Salhewarpara Dhamtari,
        Tah And District- Dhamtari (C.G.)

     4. State Of Chhattisgarh Through - The District Collector Dhamtari, District- Dhamtari
        (C.G.)                                                              ---- Respondents

25.01.2023 Shri Rahim Ubwani, counsel for the Appellant.

Shri A.K. Prasad appears along with Shri Rishikant Mahobia, counsel for Respondent No.1.

Shri Sanjeev Kumar Agrawal, P.L. for the State/Respondent No.4. Heard on admission.

Admit.

Issue notice to Respondents No.2 and 3 only, on payment of P.F., as per rules.

Also heard on I.A. No.01/2022, an application filed under Order 41 Rule 5 of C.P.C. praying for staying the effect and operation of the impugned judgment and decree dated 18.01.2022 passed in Civil Suit No.01-A/2016.

On due consideration, the application is allowed and it is directed that the effect and operation of the impugned judgment and decree dated 18.01.2022 passed by the Additional District Judge, Dhamtari, in Civil Suit No.1-A/2016 shall remain stayed until further orders, in so far as the delivery of vacant possession of suit property is concerned, subject to appellant's furnishing the security amount of Rs.15,000/-, before the concerned Executive Court within the period of 60 days from today.

I.A. No.01/2022 thus disposed off.

Post this matter after 5 weeks for further orders along with FA No.101/2022.

Sd/-

(Sanjay S. Agrawal) JUDGE

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