Thakur Ji (Murti) vs Shri Sankatmochan Hanuman Seva ...
2023 Latest Caselaw 5522 MP

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                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT JABALPUR
                                       FA No. 831 of 2023
         (THAKUR JI (MURTI) Vs SHRI SANKATMOCHAN HANUMAN SEVA CHERITABLE TRUST AND OTHERS)

       Dated : 03-04-2023
                 Shri Sarang Soni - Advocate for the appellant.

                 Call for the record of the Court below.
                 Heard on I.A. No.5035/2023, an application for stay.
                 It is submitted by the counsel for the appellant that liberty has been
       granted to the respondents to follow due process of law for claiming

possession, therefore, the possession of the appellant may be protected during the pendency of this Appeal.

Issue notice of this application to the respondents on payment of process fee by Registered AD mode payable within a period of seven working days.

Considering the provisions of Order 41 Rule 5(3) of CPC as well as judgment passed by the Supreme Court in the case of M/s Atma Ram Properties (P) Ltd. vs. M/s. Federal Motors Pvt. Ltd. reported in (2005) Vol. 1 SCC 705 , it is directed that in case if the appellant deposits Rs.1,00,000/- (Rs. One Lakh) within a period of one month and continues to

deposit Rs.1,00,000/- (Rs. One Lakh) by 31st of every March by way of mesne profit, the appellant shall not be dispossessed from the property in dispute. The failure to comply this order shall automatically result in vacation of this order.

(G.S. AHLUWALIA) JUDGE

Shanu Digitally signed by SHANU RAIKWAR Date: 2023.04.05 11:13:13 +05'30'