Shivraj Singh vs Smt. Krishnabai
2021 Latest Caselaw 1312 MP

                                                        1                               MP-3224-2020
                              The High Court Of Madhya Pradesh
                                         MP-3224-2020
                                        (SHIVRAJ SINGH Vs SMT. KRISHNABAI AND OTHERS)


                      Jabalpur, Dated : 06-04-2021
                            Shri Nitin Kumar Agrawal, learned counsel for petitioner.

                            Shri Vivek Shukla, learned counsel for respondent No.1.

Petitioner has filed the present miscellaneous petition being aggrieved by order dated 05.11.2020 by which application for grant of stay over judgment and decree of trial Court was rejected by the Appellate Court.

Appellate Court has rejected application for grant of stay on the ground that no execution has been filed before the trial Court and therefore, there is no reason to stay judgment and decree passed by the trial Court.

Counsel appearing for petitioner submitted that an application has been filed by respondent Nos.1 and 2 for partition of property. Though, application is independent application, but judgment and orders which were passed by Civil Court are binding on Revenue Court, therefore, Revenue Court considering the judgment and decree passed by Civil Judge will allow the application for partition. In such circumstances, Appellate Court ought to

have considered his application under Order 41 Rule 5 of C.P.C. for staying judgment and decree passed by the trial Court.

Considering the totality of facts and circumstances of the case, it is directed that Appellate Court will consider and decide appeal within a period of six months from the date of receipt of certified copy of the order passed today. Till then, parties are directed to maintain status quo in respect of property in question and proceeding of partition pending before Tehsildar Khurai shall remain suspended for period of six months.

With the aforesaid direction, miscellaneous petition is disposed off. C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE
Signature
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Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.04.07
16:59:38 IST
                              2   MP-3224-2020
                      sp/-




Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.04.07
16:59:38 IST