Amar Singh vs Lakhan Singh
2023 Latest Caselaw 14125 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           SA No. 1408 of 2018
                                                   (AMAR SINGH Vs LAKHAN SINGH AND OTHERS)

                            Dated : 28-08-2023
                                  Shri Avinash Zargar, Advocate for appellant.

                                  Shri Divesh Jain, Advocate for respondents.

Heard on I.A.No.7389/2018, which is an application under Order 41 Rule 5 CPC and I.A.No.10441/2023, which is an application under Section 151 CPC for modification of the order of stay dt 29.06.2018.

Vide order dtd. 29.06.2018, this Court admitted the instant second appeal and in the meantime execution of the judgment & decree dtd. 17.05.2018 was stayed.

Learned counsel for the appellant submits that he is ready to deposit the money part of the decree within a period of 30 days from today. As such, the interim relief granted on 29.06.2018 is hereby made absolute and I.A. No.7389/2018 is hereby allowed and disposed off with the condition that if the appellant fails to deposit the decreetal amount within a period of 30 days from today, the interim relief granted on 29.06.2018 shall stand vacated.

If the appellant deposits the aforesaid amount within a period of 30 days, the respondent 1 shall be at liberty to withdraw the amount only upon furnishing security to the like amount.

In view of the aforesaid, I.A.Nos.7389/2018 & 10441/2023 are disposed off/closed.

List for final hearing in due course.

(DWARKA DHISH BANSAL) Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 8/29/2023 5:22:05 PM

JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 8/29/2023 5:22:05 PM