Ram Prasad Chourasiya Alias ... vs Ananti Devi Alias Kusumlata Gupta ...
2023 Latest Caselaw 19090 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         WP No. 4164 of 2016
                            (RAM PRASAD CHOURASIYA ALIAS BHULLAN CHOURASIYA Vs ANANTI DEVI ALIAS KUSUMLATA
                                      GUPTA (SINCE DECEASED) THR. LRS.SURENDRA GUPTA AND OTHERS)

                                                              FA/01035/2005
                          Dated : 09-11-2023
                                Shri Sanjay Agrawal - Sr. Advocate assisted by Shri Saransh
                          Kulshrestha - Advocate for the petitioner.
                                Shri Ravendra Shukla - Advocate for the respondents.

Petitioner's contention is that in the writ petition, petitioner was given

interim order on 02/03/2016 and thereafter vide order dated 12/08/2021 a Coordinate Bench of this Court directed to list both the cases for hearing and extended interim order passed in writ petition.

The fact of the matter is that there is no stay in First Appeal No.1035/2005. That means that judgment and decree has attained finality. Since is there is no stay, therefore, by linking this writ petition with the first appeal, indirectly stay has been granted in the first appeal. Proceedings of the first appeal are independent and since there is no stay in the first appeal, plaintiff is entitled to execute the judgment and decree in its letter and spirit.

As far as present writ petition is concerned, it only raises a question that after filing a suit for declaration and obtaining a declaration in favour of the plaintiff whether plaintiff is entitled to file another suit seeking possession when it has come on the record of trial Court that plaintiff was dispossessed subsequent to filing of the suit.

This issue is to be adjudicated as to when the plaintiff is dispossessed because that will be the crux of the matter to decide as to whether subsequent suit is maintainable or not.

Signature Not Verified Signed by: TULSA SINGH Signing time: 11/9/2023 4:03:36 PM

List writ petition No.4164/2016 separately after delinking First Appeal No.1035/2005 from the writ petition in week commencing 28th November, 2023.

First Appeal No.1035/2005 be listed before the Bench having roster to hear and decide first appeal.

I.R. to continue in the writ petition till next date of listing i.e. upto week commencing 28th November, 2023.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 11/9/2023 4:03:36 PM