Smt. Kusum Devi vs Lakhmichand Thakkar
2022 Latest Caselaw 9632 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                  FA No. 615 of 2020
                              (SMT. KUSUM DEVI AND OTHERS Vs LAKHMICHAND THAKKAR AND OTHERS)

               Dated : 13-07-2022
                           Shri Rajeev Shrivastava, learned counsel for the appellant.

                           Notice to L.Rs. of respondent No.1-Lakhmichand Thakkar, namely Smt.

Santosh Thakkar has been served as per the report of the office dated 16.6.2022.

Service report of other L.Rs. of respondent No.1 is awaited. Shri Shiraz Qureshi, learned Govt. Advocate for respondent No.2/State.

I.A.No.3593/2021 for staying the proceedings of execution case No.2/2021.

Learned counsel for the appellant submits that aggrieved by the judgment dated 14.2.2020 passed by the Second Additional District Judge, Dabra, Distt. Gwalior, in RCS-A No.100007/2014 he has preferred this appeal. During pendency of this appeal, Executing Court issued warrant of attachment despite having knowledge that appeal against the judgment and decree is pending before this Court. It is further submitted that legal heirs of respondent No.1 are purposely avoiding service of notice. If execution proceedings will not be

stayed, purpose of filing this appeal before this Court will be frustrated. Hence, prayed for staying the proceedings of Execution Case No.2/2021.

At this stage, Shri P.C.Chandil, learned counsel, appears and assures that by the next date he will submit Vakalatnama on behalf of all the L.Rs. of respondent No.1.

Signature Not VerifiedList on 20th July, 2022. Signed by: MADHU SOODAN PRASAD Signing time: 14-07-2022 09:38:43 AM

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 14-07-2022 09:38:43 AM