Gangadeen vs Lalmani Patel
2022 Latest Caselaw 15026 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 500 of 2010
                                                       (GANGADEEN Vs LALMANI PATEL)

                           Dated : 16-11-2022
                                 Shri R.S. Thakur, learned counsel for the appellant.

                                 Shri K.K. Gautam, learned counsel for the respondent-1.

Heard on I.A.No.5250/2010, which is an application under Order 41 Rule 5 of CPC.

From bare perusal of the judgment and decree dated 09.02.2010 passed by Fourth Additional District Judge, Rewa, it is clear that learned first appellate

Court has decreed the suit filed by the respondent/plaintiff for the relief of permanent injunction holding the plaintiff to be in possession of the suit land and has restrained the defendant/appellant from making any interference in possession of the plaintiff/respondent.

By way of filing application under Order 41 Rule 5 of CPC, the appellant/defendant has prayed for staying the effect and operation of judgment and decree passed by lower appellate Court.

There is judgment and decree of permanent injunction only, which is under challenge before this Court, legality of which is yet to be decided by this

Court in the second appeal and unless the judgment and decree passed by the first appellate Court is set aside, its operation cannot be stayed.

As such, in my considered opinion, the present application under Order 41 Rule 5 of CPC is not maintainable and deserves to be dismissed.

Accordingly, I.A.No.5250/2010 is hereby dismissed/closed as not maintainable.

Consequently, I.A.No.1813/2021, which is an application for vacating Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/17/2022 5:35:38 PM

stay is also dismissed/closed.

As this appeal is already admitted, therefore, list for final hearing as per its turn.

(DWARKA DHISH BANSAL) JUDGE

sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 11/17/2022 5:35:38 PM