Radheshyam vs Motilal
2024 Latest Caselaw 21288 MP

Madhya Pradesh High Court

Radheshyam vs Motilal on 6 August, 2024

Author: Anil Verma

Bench: Anil Verma

                                                                  1                                SA-132-2015
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                            SA No. 132 of 2015
                                               (RADHESHYAM AND OTHERS Vs MOTILAL AND OTHERS )


                           Dated : 06-08-2024
                                 Shri Jitendra Bharat Mehta, learned counsel for the appellant.

                                 Senior Advocate Shri A.S.Garg appeared for the Respondent.

Shri Tarun Pagare GA appearing on behalf of Advocate General.

Heard on IA no. 7380/2018, which is an application filed under Order 41 Rule 5 of C.P.C for staying the execution of impugned judgment and decree.

Counsel for the respondent submits that if execution of impugned judgment and decree is stayed, then the appellant be directed to pay sufficient amount towards mesne profit to the respondent.

Present appeal is an admitted appeal. The appellant has purchased the property through registered sale deed. The respondent has not filed cross appeal. The trial Court has not passed any order regarding mesne profit, therefore, at this stage, no need to issue any order regarding mesne profict.

In view of the aforesaid, the IA is allowed and effect and execution of impugned judgment and decree dated 29/11/2014 passed by Additional District Judge, Khategaon, District - Dewas in Civil Appeal no. 43-A/ 2014 shall remain

stayed till final disposal of this appeal.

Registry is directed to list the matter for final hearing in due course. CC as per rules.

(ANIL VERMA) JUDGE

2 SA-132-2015 amol