Anil @ Sadhu Yadav vs Mst.Shanti
2023 Latest Caselaw 8380 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                               ON THE 12 th OF JUNE, 2023
                                            MISC. PETITION No. 3056 of 2023

                          BETWEEN:-
                          ANIL @ SADHU YADAV S/O LATE SHRI PARAM LAL
                          YADAV, AGED ABOUT 44 YEARS, OCCUPATION:
                          AGRICULTURE R/O VILALGE DHAWARI, AHIRAN
                          MOHALLA, GALI NO. 5, TAH. AGHURAJ NAGAR,
                          DISTT.SATNA (M.P.) (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI VARUN DUBEY - ADVOCATE)

                          AND
                          1.    MST.SHANTI W/O LATE SHRI CHUNVADA YADAV,
                                AGED ABOUT 74 YEARS, R/O DHAWARI AHIRAN
                                MOHALLA GALI NO. 5 TAH. RAGHURAJ NAGAR,
                                DISTT. SATNA (M.P.) (MADHYA PRADESH)

                          2.    RAJU YADAV S/O LATE GHUNVADA YADAV, AGED
                                ABOUT 55 YEARS, OCCUPATION: NIL GALI NO. 5
                                MALAHANTOLA NEAR MASANBABA SATNA
                                TEHSIL RAGHURAJ NAGAR DISTRICT SATNA
                                (MADHYA PRADESH)

                          3.    PRAKASH YADAV S/O LATE CHUNVADA YADAV,
                                AGED ABOUT 50 YEARS, OCCUPATION: NIL R/O
                                DHAWARI AHIRAN MOHALLA GALI NO. 5 TAH.
                                RAGHURAJ NAGAR, DISTT. SATNA (M.P.)
                                (MADHYA PRADESH)

                          4.    STATE OF MADHYA PRADESH              THROUGH
                                C O L L E C T O R DISTRICT SATNA      (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS


                                This petition coming on for admission this day, th e court passed the

Signature Not Verified
                          following:
Signed by: SWETA SAHU
Signing time: 6/13/2023
10:24:38 AM
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                                                                      ORDER

This miscellaneous petition has been preferred by petitioner/defendant challenging the interim order dated 19.05.2023 (mistakenly typed as 17.05.2023

in the petition) passed by 7th District Judge, Satna in RCA 68/2023 whereby in the pending civil appeal of the petitioner/defendant learned Court below has dismissed the application under Order 41 Rule 5 CPC filed for staying effect, operation and execution of the judgment and decree dated 24.04.2023, passed

by 9th Civil Judge, Junior Division, Satna in RCSA/2000006/2014 and has fixed the case for final argument for 20.06.2020.

2. Learned counsel for the petitioner submits that he is ready for

advancing final argument in the pending civil appeal, and he shall not seek any adjournment. He submits that looking to the nature of decree the learned Court below ought to have allowed the application under Order 41 Rule 5 CPC. In support of his submissions he placed reliance on the decision of Supreme Court in the case of Pabbathi Venkataramaiah Chetty Vs. Pabbathi N. Rathnamaiah Chetty and Others (2007)3 SCC 151.

3. Heard learned counsel for the petitioner and perused the record. 4 . Copy of judgment and decree dated 24.04.2023 passed by Civil Judge, shows that there is a decree of declaration of title and restoration of possession against the petitioner/defendant 1 Anil @ Sadhu Yadav, which has been challenged by filing civil appeal, in which the respondents have already been served and the learned Court has fixed the case for final arguments for 20.06.2023.

5. As there is decree of dispossession, therefore, in my considered opinion during pendency of civil appeal the effect, operation and execution of judgment and decree dated 24.04.2023 deserves to be stayed and is hereby stayed.

Signature Not Verified Signed by: SWETA SAHU Signing time: 6/13/2023 10:24:38 AM

6. It is made clear that if the petitioner/defendant no 1 seeks any unnecessary adjournment and does not advance arguments on the date fixed by the Court, then the interim relief granted by this Court today, shall stand vacated.

7. With the aforesaid observation this miscellaneous petition is allowed/disposed off.

8. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: SWETA SAHU Signing time: 6/13/2023 10:24:38 AM