Harshwardhan Pandey vs Vijay Chaturvedi
2023 Latest Caselaw 2866 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          FA No. 333 of 2017
                                          (HARSHWARDHAN PANDEY Vs VIJAY CHATURVEDI AND OTHERS)

                           Dated : 16-02-2023
                                 Shri Naveen Kumar - Advocate for the appellant.

                                 Shri Vijit Sahu - Advocate for the respondent no.1.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A.No.10890/2022, an application for continuation of the

interim order and I.A.No.1162/2021 for appropriate direction to the appellant to deposit the remaining decreetal amount.

Since both the I.As. are interdependent to each other, therefore, they were heard analogously.

The suit for specific performance of contract filed by the plaintiff was partially decreed and the discretionary decree of specific performance of contract was denied with a direction to the judgment debtor/appellant to refund the amount of Rs.22 Lacs with 10% interest w.e.f. 20.6.2012 till its realisation.

This court by order dated 3.5.2017 had directed that in case if the

appellant deposits an amount of Rs.15 Lacs within a period of 45 days then the execution of the impugned decree shall remain stayed.

It is undisputed fact that the appellant had deposited Rs.15 lacs which has been withdrawn by the respondent/plaintiff.

Under these circumstances, this court is of the considered opinion that no case is made out for modifying the interim order dated 3.5.2017.

Accordingly, I.A.No.1162/2022 is hereby rejected and the interim order dated 3.5.2017 is extended till the final disposal of this appeal. Signature Not Verified Signed by: HEMANT SARAF Signing time: 16-02-2023 18:39:55

List this case in the week commencing 13.3.2023 for final hearing in the list of final hearing cases.

(G.S. AHLUWALIA) JUDGE

HS

Signature Not Verified Signed by: HEMANT SARAF Signing time: 16-02-2023 18:39:55