Vrandavan vs J P Sharma
2021 Latest Caselaw 7733 MP

                                                          1                                MP-4155-2021
                                     The High Court Of Madhya Pradesh
                                               MP No. 4155 of 2021
                                         (VRANDAVAN AND OTHERS Vs J P SHARMA AND OTHERS)

   1
   Jabalpur, Dated : 23-11-2021
                           Shri Ankit Saxena, learned counsel for the petitioners.
                           Petitioners have filed this miscellaneous petition challenging order dated
 13.09.2021 contained in Annexure-P/4. By said order objection of petitioners
 was overruled and possession warrant has been issued against petitioners.
                           It is submitted by counsel for petitioners that possession warrant has

 been issued on basis of judgment and decree passed by first appellate Court.
 First appeal is already abated as judgment and decree has been passed against
 a dead person is nullity, therefore, it cannot be executed.
                           Issue notice to the respondents on payment of process fee within

seven days, returnable within four weeks.

As an interim measure, it is ordered that order dated 08.11.2021 shall remain stayed till the next date of hearing.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.11.24 12:17:51 +05'30'