Mukesh Kumar Jain vs Chandra Kumar Jain
2022 Latest Caselaw 4680 MP

                                                          1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 1st OF APRIL, 2022

                                           MISC. PETITION No. 1026 of 2021

                              Between:-
                              MUKESH KUMAR JAIN S/O LATE DR. SHEETAL
                              CHANDRA SAGAR , AGED ABOUT 62 YEARS,
                              OCCUPATION: SELF EMPLOYED HOUSE NO. 1983
                              TULSI NAGAR CHANDEL HOUSE DAMOHNAKAK
                              (MADHYA PRADESH)

                                                                                        .....PETITIONER
                              (BY SHRI AVINASH ZARGAR, ADVOCATE)

                              AND

                              CHANDRA KUMAR JAIN S/O LATE DR. SHEETAL
                              CHANDRA SAGAR , AGED ABOUT 46 YEARS,
                              HOUSE NO. 1033, PATRAKAR COLONY RANITAL
                              CHOWK P.S. LARDGANJ, JABALPUR (MADHYA
                              PRADESH)

                                                                                      .....RESPONDENTS
                              (BY NONE )

                            This petition has come up for hearing on this day, the court passed the
                      following:
                                                           ORDER

Petitioner has filed this petition challenging order dated 27.2.2021 contained in Annexure P/1 at page no.9.

Learned counsel for petitioner submitted that Civil Court in Civil Suit No.65- A/2015 passed judgment and decree on 10.1.2018. Petitioner has filed an application for execution of said judgment and decree. Judgment and decree passed by trial court was challenged in appeal and Appellate Court vide its judgment and decree dated 27.9.2019 has set aside the judgment and decree passed by trial court and had remanded the case.

Learned counsel for petitioner submitted that petitioner has preferred Misc. Appeal in the High Court and this Court by its order dated 21.1.2020 in M.A No.7095/2019 has stayed the operation of order passed by Appellate Court. It is Signature SAN Not submitted that since order of Appellate Court has been stayed, order passed by Verified

Digitally signed by trial court has become operational and executing court had committed an error in MONSI M SIMON Date: 2022.04.01 18:19:39 IST

rejecting the application for execution.

Heard learned counsel for petitioner.

Appellate Court has set aside judgment and decree dated 10.10.2018 and has remanded the matter back. Remand order has been stayed by High Court.

Proceedings before the Civil Court are pending and further progress in Civil Suit has been stayed. As High Court has stayed the order passed by Appellate Court, order of stay passed by High Court will not revive the judgment and decree.

In view of same, trial court has not committed any error or law in dismissing the application.

Misc. Petition filed by petitioner is dismissed.

                                                                                 (VISHAL DHAGAT)
                                                                                      JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2022.04.01
18:19:39 IST