Udaram vs Smt Abbasi
2022 Latest Caselaw 4130 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                               Second Appeal No.406/2020
                             (Udaram & Anr. Vs. Smt. Abasi & Ors.)

Indore, dated 24/03/2022
              Mr. Pourush Ranka, learned counsel for the appellants.
              Ms. Nasreen Rehman, learned counsel for the respondents.

Heard on IA.No.998/2020, which is an application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908.

By this application, learned counsel for the appellants contended that appellants have fair chances to succeed in this appeal but disposal of the same would take sufficient long time. If the impugned judgment and decree passed by the both the Courts below are not stayed, the very purpose of filing the present appeal would be frustrated and the appellants would be evicted from the suit property. Hence, he prays that the operation of the impugned judgment and decree passed by both the Courts below relating to the eviction part be stayed till the final disposal of the present appeal.

Per contra learned counsel for the respondents opposes the application and prays for its rejection by submitting that the Courts below by giving concurrent findings based upon the cogent evidence have passed the decree in favour of the respondents. The suit is of the year 2009 and deserves to be heard as early as possible as the respondents are facing too much hardship, therefore, application should be dismissed.

Considering all the facts and circumstances of the case, it is directed that the operation of the impugned judgment and decree passed by both the Courts below shall remain stayed, till the final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.03.24 17:23:29 +05'30'