Municipal Council Ambah Thr. vs Chhote Khan
2023 Latest Caselaw 4484 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                                RP No. 1058 of 2018
                           (MUNICIPAL COUNCIL AMBAH THR. AND OTHERS Vs CHHOTE KHAN AND OTHERS)

              Dated : 21-03-2023
                      Shri Ankur Mody, learned counsel for the Petitioners.

                      Shri Harish Kumar Dixit, learned counsel for the Respondents No. 1 to 4.

Heard on I.A No. 1293/2023, an application filed under section 151 of CPC for stay of execution proceedings.

Learned counsel for the petitioners argued that petitioners have preferred a review petition assailing the order dated 23/04/2018 passed in F.A. No.

209/2002. The execution proceedings in terms of the judgment and decree passed in the year 2002 in the case at hand are pending before the II District Judge, Ambah, District Morena. The executing Court has directed that the property in question shall be vacated by use of JCB and Bull dozer Machine and the cost of vacating the property in question shall be borne by the judgment debtor and the next date for submitting the possession report be filed before the Court on 14/03/2023. Considering the fact that the present review petition is pending for adjudication before this Court, wherein the review of the order passed in First Appeal is sought and therefore, if the vacant possession of the

property in question was given to the decree holder then the present review petition will rendered infructuous and, therefore, he prays that it is efficacious to stay the further proceedings of execution pending before II District Judge, Ambah, District Morena.

On the other hand, learned counsel for the respondents vehemently Signature Notopposed Verified the application and argued that prima facie there is no ground for Signed by: SANJAY NAMDEORAO DURGEKAR reviewing the judgment of this Court dated 23/04/2018 passed in F.A. No. Signing time: 23-03-2023 11:56:07 AM

209/2002, therefore, stay of the execution proceedings cannot be granted in favour of the petitioners.

Heard and perused the material available on record. In view of the facts and circumstances of the case and in the considered opinion of this Court, if the execution proceedings are not stayed then the purpose of filing of this review petition would be frustrated, therefore, it is directed that as an interim measure, till next date of hearing, status quo over the disputed property as it exists today shall be maintained by both the parties.

I.A No. 1293/2023 stands disposed of.

List this matter for final hearing on 31st March, 2023 at top 10 cases of

the cause list.

It is made clear that no further adjournment shall be granted on the next date of hearing and the matter shall be heard on its own merit.

(SUNITA YADAV) JUDGE

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 23-03-2023 11:56:07 AM