Late Ashandas Wadhwani And Others vs Tekchand Wadhwani
2021 Latest Caselaw 9092 MP

                                     1                            MA-2765-2020
        The High Court Of Madhya Pradesh
                  MA No. 2765 of 2020
(LATE ASHANDAS WADHWANI AND OTHERS AND OTHERS Vs TEKCHAND WADHWANI AND OTHERS)


Jabalpur, Dated : 21-12-2021
      Shri Sanjay Agrawal, learned counsel for the appellants.

      An application under Order 22 Rule 4 of the Code of Civil Procedure
i.e. I.A. No.9439/2021 has been filed by the appellants wherein it is mentioned
since appellant No.2 has died, therefore, his LRs may be brought on record.
      Considering the reasons mentioned in the application, the same is

allowed.
      Necessary amendment be carried out in the cause-title within a period
of seven days from today.
      Heard on admission.
      This appeal has been filed against the order dated 26.02.2020 passed
by the Court below in MJC No.1900054/2015 rejecting the application filed
by the appellants under Order 9 Rule 13 of CPC for setting aside the ex-parte
decree dated 09.09.2014 passed in Civil Suit No.13-A/2012.
      Learned counsel for the appellants submits that during the pendency of

this appeal, a warrant of attachment has been issued in execution proceeding
initiated for executing the impugned judgment and decree dated 09.09.2014.
The warrant of attachment is the document i.e. D-1 filed along with the
application for issuing appropriate direction.
      Considering the aforesaid, let notice be issued to the respondents

including the LRs of respondent No.2 on payment of process fee within a period of seven working days by RAD mode, returnable within six weeks.

By way of interim measure, it is directed that the parties shall maintain status quo in respect of possession over the land of suit property till the next date of hearing.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE 2 MA-2765-2020 ac/-

ANIL CHOUDHARY 2021.12.21 17:40:45 +05'30'