Jitendra Chore vs Harish Sharma
2022 Latest Caselaw 15867 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       MP No. 5684 of 2022
                                              (JITENDRA CHORE Vs HARISH SHARMA AND OTHERS)

                           Dated : 30-11-2022
                                 Shri Arpan Shrivastava, learned counsel for the petitioner.

                                 Shri Praveen Namdeo, learned counsel for respondent No.3/State.

Heard on the question of admission and on interim relief. The grievance of the petitioner is that the executing Court is proceeding with the execution without deciding the application under Order 21 Rule 97 of the CPC. According to the Commissioner report, the property in acquisition is

different to the property owned by the petitioner. However, the executing Court has brushed aside the findings of the Commissioner and has proceeded to execute the judgment and decree.

Issue notice to the respondents by RAD mode on payment of process fee within a period of seven working days, failing which this petition shall stand dismissed without further reference to the Bench.

Notices be made returnable within four weeks. I n the meanwhile, further execution proceedings in case No.17-A/2018 pending before the First Civil Judge, Junior Division, Chhindwara shall remain

stayed as well as the effect and operation of the impugned order dated 22.09.2022 (Annexure P/10) shall remain stayed till the next date of hearing.

C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

vc

Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11/30/2022 4:34:32 PM