Beniprasad Gupta vs Ramcharan (Deceased) Through ...
2022 Latest Caselaw 14923 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          SA No. 535 of 2022
                              (BENIPRASAD GUPTA Vs RAMCHARAN (DECEASED) THROUGH LRS. OMPRAKASH AND OTHERS)

                           Dated : 15-11-2022
                                  Shri Arpit Kumar Oswal, learned counsel for the appellant.

                                  The present appeal is filed under Section 100 of the CPC being aggrieved
                           by the judgment and decree dated 24/11/2021 passed by the learned IInd
                           Additional District Judge in civil suit No.9A/2019 whereby the appeal filed by
                           the appellant confirming the judgment and decree dated 17/7/2019 passed in

                           Execution Case No.17/19 has been rejected.
                                  The appellant is an objector who had filed objection in the execution
                           proceedings. The respondent No.1 was the plaintiff and the respondent No.2

was the defendant. The appellant has filed an objection before the Executing Court stating that the decree of possession is being erroneously executed on the land belonging to the objector beyond the decree. The said objection was rejected by the Executing Court. Against the said order the appellant preferred an appeal under Section 96 of the CPC. The said objection has been affirmed by the judgment dated 24/11/2021. Against the said the order the present appeal

has been filed.

Issue notice to the respondents on I.A No.7300/2022 for grant of stay of payment of P.F within 7 working days by both modes, returnable within 4 weeks, failing which the appeal shall stand dismissed.

Till the next date of hearing parties are directed to maintain the status quo in respect of the suit land.

The question of maintinability of the First Appeal against the order rejecting the objection by the Executing Court shall be considered after service Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-11-2022 17:57:56

of notice to the respondents.

(VIJAY KUMAR SHUKLA) JUDGE

Pramod

Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-11-2022 17:57:56