Smt.Vidya Bai vs Jageshwar Prasad Mishra
2023 Latest Caselaw 556 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR FA No. 33 of 2023 (SMT.VIDYA BAI AND OTHERS Vs JAGESHWAR PRASAD MISHRA AND OTHERS)

Dated : 10-01-2023 Shri B.P. Yadav - Advocate for the appellants.

Call for the record of the Court below. Also heard on the question of admission. The appeal being arguable is admitted for final hearing. Issue notice of appeal on payment of process fee by registered as well as

ordinary mode. Process fee be paid within seven working days.

Heard on I.A. No.124/2023, an application for stay of execution of decree.

Issue notice of I.A. No.124/2023 on payment of process fee by registered as well as ordinary mode. Process fee be paid within seven working days.

A decree of possession has been passed against the appellants. Under Order 41 Rule 5(3) of CPC, this Court while granting stay on execution of decree can impose condition as held by 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.

Accordingly, it is directed that on deposit of Rs.1,00,000/- per year in

advance latest by 15 th of January of every year, the effect and operation of the impugned judgment and decree dated 20.12.2022 passed in RCSA

No.600022/2012 passed by 20th District Judge, Jabalpur, so far as it relates to decree of possession, shall remain stayed.

The appellants shall comply with the monetary part of the decree. Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 12-01-2023 15:27:41

The appellants shall also deposit an amount of Rs.1,00,000/- for this year

latest by 31 s t January, 2023, failing which the interim protection shall automatically loose its effect.

(G.S. AHLUWALIA) JUDGE

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Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 12-01-2023 15:27:41