Raghvendra Sharma vs Dolan Singh
2022 Latest Caselaw 1073 MP

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                                The High Court Of Madhya Pradesh
                                          MP No. 4855 of 2021
                                      (RAGHVENDRA SHARMA Vs DOLAN SINGH AND OTHERS)

                      Jabalpur, Dated : 21-01-2022
                            Heard through Video Conferencing.

                            Shri Nitin Kumar Agrawal, learned counsel for the petitioner.
                            Petitioner has filed this misc petition challenging order dated 24.9.2021
                      contained in Annexure P/1.     By the said order, execution proceedings in
                      Execution Case No. 26/17 were stayed on the application filed under Section
                      151 of the Code of Civil Procedure.

                            It is submitted by counsel for the petitioner that decree has been
                      passed in favour of one Raghvendra Sharma in civil suit no. 87-A/2014. It is
                      further submitted by him that Om Prakash Kushwaha, Netram Kushwaha and
                      Netraj Kushwaha who are sons of Dolan singh have filed an objection under
                      Section 151 of the Code of Civil Procedure. Application was filed on the
                      ground that a civil suit     bearing No. 101/2019 has been preferred for
                      declaration of title and permanent injunction. Property in both the suit is
                      common. In view of same, prayer was made before Executing Court to stay
                      execution proceedings. It is submitted that appeal filed against the judgment

                      and decree has already been dismissed and second appeal is pending.
                      Objectors who had filed an application under Section 151 of the Code of
                      Civil Procedure were witnessed in the case. In view of same, trial Court had
                      committed an error in staying the execution proceedings.
                            Issue notice to the respondents on payment of process fee within

seven days.

List the matter in the week commencing from 21.2.2022.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature SAN Not Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2022.01.22 12:02:19 IST