Balkishan Shivhare vs Naveen Shivhare
2022 Latest Caselaw 7866 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              FA No. 60 of 2022
                      (BALKISHAN SHIVHARE Vs NAVEEN SHIVHARE)

Dated : 15-06-2022
      Shri N.K. Gupta - Senior Advocate with Shri Ravi Gupta - Advocate for

the appellant.
      Heard on admission as well as on I.A. No.183/2022, an application under
Order 41 Rule 5 sub-rule (3) & (4) of C.P.C.
      It is submitted by learned Senior counsel for the appellant that the present
first appeal has been filed by the appellant against the judgment and decree

dated 11/10/2021 passed in Regular Civil Suit No.3B/2015 by Twelfth District
Judge, Gwalior (M.P.), whereby suit has been decreed in favour of respondent/

plaintiff. It is further submitted that the Court below has wrongly decreed the suit in favour of respondent as there was no loan transaction between the parties and suit is the outcome of revenge as the defendant/ appellant has initiated proceedings under Section 138 of the Negotiable Instruments Act against the father and other family members of respondent/plaintiff. It is also submitted that the plaintiff has not shown any due in the account book and in the income tax return against the defendant. Appellant is ready to abide by any condition which

may be imposed by this Court and also ready to deposit the security amount as may be directed by this Court. Under the aforesaid facts and circumstances of the case, it is prayed to stay the execution of aforesaid judgment and decree.

Considering the arguments advanced by learned Senior counsel for the appellant and taking into consideration the reasons assigned in the application, I.A. No.183/2022 is allowed and it is directed that the execution of the impugned judgment and decree dated 11/10/2021 passed in Regular Civil Suit

No.3B/2015 by Twelfth District Judge, Gwalior (M.P.) shall remain stayed until further orders, subject to deposit of Rupees Ten Lac within four weeks from today before the Court below. The amount, so deposited, shall be kept in FDR in any Nationalized Bank.

I.A.No.183/2022 stands disposed of.

Issue notice to the respondent on the question of admission as well as for confirmation of stay, on payment of process fee within a period of seven working days by registered as well as ordinary mode.

Notice be made returnable within a period of four weeks. List thereafter.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.06.15 18:03:35 +05'30'