Pandhrinath Gupta vs Vivek Kumar Gupta
2023 Latest Caselaw 3331 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        FA No. 421 of 2009
                                          (PANDHRINATH GUPTA AND OTHERS Vs VIVEK KUMAR GUPTA)

                           Dated : 23-02-2023
                                 Shri Lokesh Mehta, learned counsel appearing for the appellant (s).

                                 Shri Pradeep Kumar Gupta, learned counsel for the respondent.

Heard on IA No.4254/2022, an application under Section 151 of the Code of Civil Procedure, 1908 filed by respondent / plaintiff for vacating the stay order passed by this Court on 16.12.2009.

Vide order dated 16.12.2009, the operation of the impugned judgment and decree was stayed under certain conditions, one of which was that the appellant shall regularly deposit the amount of rent and it was also directed that if the appellant complies with these conditions, the respondent shall not execute the decree; and any default committed by the appellant shall result in vacating of the stay order granted by this Court.

Learned counsel for the respondent / plaintiff has drawn the attention of this Court to the fact that even after the aforesaid order was passed, the appellant / defendant (s) defaulted in making the payment of rent in time, which

resulted in passing of order dated 18.05.2010 by which this Court again heard the matter on the point of deposit of rent, as at that time also, the appellant defaulted in making payment of rent and the Court directed that since the order passed by this Court on 16.12.2009 has not been complied with, hence, the stay order passed earlier was vacated.

Against the aforesaid order dated 18.05.2010, the appellant also preferred a Special Leave to Appeal (SLP Civil No.17141/2010) before the Supreme Court and the Supreme Court, vide order dated 21.06.2010, has directed the Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 27-02-2023 19:04:41

appellant to approach this Court for revival of order dated 16.12.2009 and it was directed by this Court on 30.04.2014 that the appellant shall deposit the rent positively within thirty days time from 30.04.2014, learned counsel for the respondent / plaintiff has submitted that the appellant / defendant (s) has not paid the rent since November, 2018 and although along with the reply, the appellant has also filed receipt of Rs.2,30,000/- (rupees two lakhs thirty thousand) towards payment of rent, however, it would not suffice, as admittedly, the appellant has defaulted in making payment of rent in violation of the earlier order passed by this Court and also the order passed by the Supreme Court and thus, it is submitted that order dated 16.12.2009 be vacated.

Learned counsel for the respondent has also submitted that despite default in making payment of rent, the appellant has not even filed any application for condonation of delay in payment of default rent and only on the application filed by the respondent for vacating the stay that arrears of rent for the period from November, 2018 to August, 2022 has been paid on 22.08.2022 (receipt enclosed by the appellant along with the reply).

Learned counsel appearing for the appellant / defendant (s), on the other hand, has opposed the prayer and it is submitted that there has been many deaths in the family of the appellant and the Court was also closed for a period of more than one year from March, 2020 to February, 2021 during COVID-19, which led the appellant in making default of payment of rent and thus, the delay in making the payment of rent be condoned.

Heard learned counsel for the parties and perused the record. From the record, it is apparent that vide order dated 16.12.2009 this Court had made it clear that the appellant shall not default in making payment of

Signature Not Verified rent. However, such default has already occasioned on two occasions and Signed by: RAMESH CHANDRA PITHWE Signing time: 27-02-2023 19:04:41

even after the order passed by the Supreme Court and subsequent order passed by this Court on 30.04.2014, the appellant has defaulted in making payment of rent, which leaves no other option to this Court, except to vacate the earlier order of stay dated 16.12.2009.

So far as the death occurred in the family of the appellant is concerned, it is found that the suit itself was filed in the year 2005 and around 17 â€" 18 years have already passed and during this period, if some family members of the appellants’ family have died, it cannot be said to be unnatural.

So far as the present default is concerned, it was started in the month of November, 2018 and at that time, there was no COVID-19 restrictions in operation.

In view of the same, IA No.4254/2022 stands allowed and order dated 16.12.2009 is hereby vacated, the defendant is free to execute the decree.

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 27-02-2023 19:04:41