Sukhdev Singh vs Ashok Kumar Jain
2023 Latest Caselaw 15835 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        FA No. 283 of 2004
                                                  (SUKHDEV SINGH Vs ASHOK KUMAR JAIN)

                          Dated : 25-09-2023
                                 None for the appellant.

                                 Mr. K.N. Gupta - Senior Advocate with Mr. Suhanni Dhariwal -
                          Advocate for the respondent.

Learned counsel for the respondent submits that vide order dated 15.12.2004, operation of the impugned judgment and decree was stayed subject to depositing the 50 % of decreetal amount within four weeks. On 03.08.2009

while admitting the appeal for final hearing, it was made clear that if 50 % of the decreetal amount be not deposited within a period of four weeks, then the stay order shall automatically vacated without further reference to the Court.

He submits that appellant has not deposited 50 % of the decreetal amount, therefore, stay granted in favour of the appellant be vacated.

From perusal of the record, it is apparent that appellant has not deposited 50 % of the decreetal amount, therefore, as per direction of this Court, the impugned stay granted in favour of the appellant vide order dated 15.12.2004 stands automatically vacated and no further order is required in this regard.

This appeal has already been admitted, therefore, the same be listed for final hearing after four weeks.

(SATYENDRA KUMAR SINGH) JUDGE

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 26-Sep-23 4:32:16 PM