Deepak Bhargava vs Smt. Rajesh Bhargava
2023 Latest Caselaw 15533 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         FA No. 843 of 2016
                                          (DEEPAK BHARGAVA Vs SMT. RAJESH BHARGAVA AND OTHERS)

                          Dated : 21-09-2023
                                Shri K.P Kushwaha - Advocate for the appellant.

                                Shri Saket Malik - Advocate for the respondents.

Heard on I.A.No.15504/2016, which is an application under Order 41 Rule 5 read with Section 151 CPC for staying effect and operation of the judgment and decree dated 03.10.2016, whereby suit filed by the respondent

1/plaintiff has been decreed, declaring the plaintiff to be joint owner of the suit property/house holding the plaintiff and defendants 1-3 to be share holders of 1-4/1-4 each, with the further observation that the plaintiff is entitled for separate possession after partition of the property.

Learned counsel for the respondents opposes the prayer for grant of interim relief, however no reply/counter affidavit has been filed on record.

Heard learned counsel for the parties and perused the record. While admitting this first appeal on 06.12.2016 a division Bench of this Court as an interim measure directed the parties to maintain status quo till the

next date of hearing, which is still in operation.

Looking to the nature of decree which is for partition of the suit property/house as well as for separate possession, in my considered opinion, the interim application filed under Order 41 Rule 5 CPC deserves to be and is hereby allowed with the direction that the partition proceeding, if any, may go on but shall not be finalized and actual possession of the suit property/house shall not be delivered to any of the parties to the litigation and both the parties are also restrained from alienating the suit property/house until further orders. Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 9/22/2023 11:49:37 AM

With the aforesaid observation, the I.A.No.15504/2016 is disposed off/closed.

(DWARKA DHISH BANSAL) JUDGE

SN

Signature Not Verified Signed by: SATTYENDAR NAGDEVE Signing time: 9/22/2023 11:49:37 AM