Babulal vs Banshidhar
2023 Latest Caselaw 18066 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        SA No. 1535 of 2022
                                             (BABULAL AND OTHERS Vs BANSHIDHAR AND OTHERS)

                           Dated : 30-10-2023
                                 Shri Harish Chandra Tripathi, learned counsel for the appellant.

                                 Shri Shashank Sharma, learned Panel Advocate for the respondent/State.

Heard on IA No.8502/2023, an application for stay of impugned judgments passed by the Courts below.

Perusal of the judgment passed by the trial Court reveals that trial Court has directed the appellants/defendants to refund the advanced/earnest money

received by appellant/defendant as per agreement to sale dated 13.05.2014, therefore, in view of nature of decree, appellants are directed to deposit whole of the amount as decreed by the trial Court in para- 23 (1) of impugned judgment dated 29.06.2019 along with interest, if any, within a period of two months from today but respondent/plaintiff will not be entitled to withdraw the above amount without leave of this Court. IA stands disposed of accordingly.

Record of Courts below be requisitioned. List after receipt of record.

(ACHAL KUMAR PALIWAL) JUDGE

hk/

Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 10/31/2023 9:56:02 AM