Akbar vs Rameshchandra
2023 Latest Caselaw 20130 MP

Madhya Pradesh High Court

Akbar vs Rameshchandra on 30 November, 2023

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       MA No. 7389 of 2023
                                                       (AKBAR Vs RAMESHCHANDRA)

                           Dated : 30-11-2023
                                 Shri Moeed Ali Bohra - Advocate for the applicant.


                                 Heard on admission.
                                 This Miscellaneous appeal is filed under Order 43 Rule.1 (U) of the CPC,
                           1908 being aggrieved by the judgment and decree dated 17.10.2023 passed by
                           District Judge, (Camp Court) Sanawad, District West Nimad, Mandleshwar in

                           Regular Civil Appeal No. 139/2022 whereby the Civil Suit No. 24/2018 has been
                           remanded to 2nd Civil Judge, Junior Division, Sanawad, District West Nimad,
                           Mandleshwar.
                                 Perused the judgment and decree dated 17.10.2023 passed by learned
                           District Judge, Sanawad.
                                 This appeal is admitted for final hearing.
                                 Let notice be issued to the sole respondent Rameshchandra, S/o Shri

Babulal Rathore.

Also heard on IA No. 9094 of 2023, which is an application for stay

under Order 41 Rule 5 of CPC read with Section 151 of CPC.

Learned counsel for the applicant has submitted that the first appellate Court has set aside the whole decree. He placed reliance upon the judgment passed by this Court in Omprakash Vs. Ashok and others reported in 2023(1) MPLJ 165 Let notice be issued to respondent alongwith IA No. 9094 of 2023 on payment of process fee within a period of one week, returnable within four weeks.

Till the next date of hearing, operation of the impugned judgment and decree dated 17.10.2023 passed in Civil Appeal No,.139/2022 shall remain stayed.

C.c. as per rules.

(GAJENDRA SINGH) JUDGE

rashmi