Smt Geeta Devi Gupta vs Naresh Kumar Jain
2021 Latest Caselaw 7867 MP

                                                                     1                                   SA-708-2020
                                          The High Court Of Madhya Pradesh
                                                    SA No. 708 of 2020
                                                (SMT GEETA DEVI GUPTA Vs NARESH KUMAR JAIN AND OTHERS)


                                  Jabalpur, Dated : 25-11-2021
                                         Shri Sourabh Kumar Tiwari, learned counsel for the appellant.

                                         Shri R.P. Khare, learned counsel for the caveators/respondents.

After vehemently arguing at length, Shri Tiwari, learned counsel for the appellant submits that appellant be granted three months' time to comply with the judgment and decree passed by the Courts below.

Shri R.P. Khare, learned counsel for the respondents has no objection to this prayer.

Hence, with consent, this appeal is dismissed as withdrawn with direction that respondents/decree holders shall not execute the decree for a period of three months from today till 24th February, 2022 and in case the appellant removes his encroachment/construction in terms of the judgment and decree passed by the Courts below and hands over the vacant possession in favour of the respondents/plaintiffs, then no execution shall be carried out for this period.

It is made clear that if appellant fails to hand over the vacant peaceful possession of suit land in favour of respondents/plaintiffs/decree holder, then decree holders shall be free to execute the decree as permissible under the law.

(VIVEK AGARWAL) JUDGE

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Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.11.26 09:59:27 IST