Citation : 2023 Latest Caselaw 12970 MP
Judgement Date : 9 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 652 of 2017
(HARISH ARERA Vs SMT. POOJA ROHRA AND OTHERS)
Dated : 09-08-2023
Shri P.N. Pathak, learned counsel for the appellant.
Shri A.P. Singh, learned counsel for respondents 1-2.
Heard on IA No.15036/2018, which is an application for vacating order of stay dtd. 25.09.2017.
Also heard on IA NO.12244/2017, which is an application under Order
41 Rule 5 r/w sec. 151 CPC.
This appeal has been preferred against the judgment and decree dtd. 29.07.2017 whereby decree of specific performance has been passed in favour of respondents 1-2/plaintiffs.
The appeal was admitted for final hearing on 25.09.2017 and as an interim measure operation of the impugned judgment and decree was stayed.
Learned counsel for respondents 1-2/plaintiffs submits that in the light of order dtd. 25.09.2017 the appellant is going to sell the property to others.
After hearing the parties and looking to the nature of decree, the interim
order granted on 25.09.2017 is hereby made absolute with the direction that both the parties shall not further alienate the suit property during pendency of this first appeal and shall maintain status-quo.
With the aforesaid observations the aforesaid IA Nos.15036/2018 and 12244/2017 are disposed off/closed.
List for final hearing in due course.
(DWARKA DHISH BANSAL) Signature Not Verified Signed by: SWETA SAHU Signing time: 8/10/2023 10:39:27 AM
JUDGE ss
Signature Not Verified Signed by: SWETA SAHU Signing time: 8/10/2023 10:39:27 AM
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