Jagdish Chandra vs Modsingh S/O Bahadursingh Rajpur ...
2022 Latest Caselaw 15547 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         FA No. 1467 of 2022
                                (JAGDISH CHANDRA AND OTHERS Vs MODSINGH S/O BAHADURSINGH RAJPUR (DECEASED)
                                                   THROUGH LRS. UMRAO SINGH AND OTHERS)

                           Dated : 24-11-2022
                                  Shri Navin Kumar Ojha, learned counsel with Shri Sulabh Samaiya,

                           learned counsel for the petitioners.
                                  Shri Nitin Phadke, learned counsel for the respondent/caveator.

Shri Satish Jain, learned counsel for the respondent. Heard on the question of admission.

The appeal is admitted for final hearing. Issue notice to the unrepresented respondents on payment of process fee within a period of two weeks.

Considered IA No.6414/2022, which is an application under Order 39 Rule 1, 2, 3 read with Section 151 and 94 of the CPC.

The prayer made in the application is for stay of execution of the impugned judgment and decree and for maintaining stay over the suit land. The impugned judgment and decree has dismissed the plaintiff's claim hence there is no executable decree which can be stayed. The prayer for maintaining stay in

respect of the suit land is inconceivable. The application is wholly misconceived and is accordingly rejected, however the appellants shall be at liberty to file an appropriate application.

(PRANAY VERMA) JUDGE

ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-11-2022 11:40:34