Motilal Kurmi vs Asharam
2023 Latest Caselaw 15547 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1367 of 2020
                                                 (MOTILAL KURMI Vs ASHARAM AND OTHERS)

                           Dated : 21-09-2023
                                 None for appellant.

                                 Shri S.K.Patel - Advocate for respondent Nos. 1 and LR's of respondent

No.4-Narayandas.

Respondent Nos. 1 to 4(c), 5(b) to 5(d) and 6,7 & 8 have been served. Ms. K.C.V.Rao - Panel Lawyer for respondent No. 7/State. Appeal is dismissed as against 5(a) and 5(e).

IA No. 11776/23, is an application under Order 39 Rule 1 and 2 CPC has been filed by the respondent Nos. 1, 2 and 13. Affidavit has been filed.

Appellant-Motilal Kurmi has sold part of the suit property to Vinod Kumar Nayak vide registered sale deed dated 24-04-2023 and 23-05-2023 and are taking further steps to get the names mutated in the revenue records.

The learned Civil Judge, Panna in Civil Suit No. 45-A/2010 by judgment and decree dated 18-12-2017 decreed the suit of the plaintiffs and dismissed the counter-claim of defendant No.5-Jairam.

The learned Appellate court in RCA No. 11/2018 (Motilal Kurmi vs. Asharam & Ors.) by judgment and decree dated 07-08-2020 dismissed the appeal. Now, Motilal has preferred instant Second Appeal before this court.

Since, no one is present to represent appellant-Motilal, let this case come up in the pass-over round at 2:15 PM.

Lateron:-

The case was taken up at 02:25 P.M.

Shri Pradeep Kumar Sharma - learned counsel for the appellant request Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 22-09-2023 11:47:08

that the case may be taken up in the next week.

Opposite counsel objects on the ground that the appellant is going to sell the disputed property during next 3-4 days, as per information, which may be taken on record, therefore, status quo be granted.

Learned counsel for the appellant submits that appellant is not going to sell the suit property.

Since copy of sale-deed has been filed and looking to the controversy involved in this case and with a view to avoid further complications, it is directed that both the parties shall maintain status quo regarding the suit property till the next date of hearing.

As jointly agreed by the parties, list the case after two weeks.

(AVANINDRA KUMAR SINGH) JUDGE

PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 22-09-2023 11:47:08