Samudri Bai (Dead) Through Lrs Madhav ... vs Suddhu (Dead) Through Lrs Smt Shanti Bai
2024 Latest Caselaw 3907 MP

Madhya Pradesh High Court

Samudri Bai (Dead) Through Lrs Madhav ... vs Suddhu (Dead) Through Lrs Smt Shanti Bai on 9 February, 2024

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 456 of 2017
                            (SAMUDRI BAI (DEAD) THROUGH LRS MADHAV PRASAD PANIKA (DEAD) THROUGH LRS SMT PREMA
                                 DEVI AND OTHERS Vs SUDDHU (DEAD) THROUGH LRS SMT SHANTI BAI AND OTHERS)

                           Dated : 09-02-2024
                                 Shri Shafiqullah - Advocate for appellants.

                                 Shri Ramji Patel - Panel Lawyer for the State.

                                 Heard on I.A. No.5496 of 2017, which is an application under Order 41
                           Rule 5 of C.P.C. for stay the execution of the judgment and decree dated

                           06.02.2017 in regular Civil Appeal No.49-A/2016 by II nd Additional District

                           Judge, Anuppur arising out of judgment and decree dated 07.05.2014 in Civil
                           Suit No.03-A/2011.
                                 In favour of the respondents no.1 and 2/plaintiffs, declaration of survey

no.332, 332/1095 and 333 area 1.96, 0.60 and 0.16 has been passed and decree of possession has been granted. The decree of Rs.5,000/- as main profit from 19.12.1989 is also passed.

Heard.

Perused the decree.

Relief granted by Trial Court vide para-26(1), (2), (3), (4) and (6) only is

stayed subject to furnishing the security to the satisfaction of the Trial Court that the judgment of the appeal shall be complied with. Execution of relief clause in para 26(5) is not stayed but the amount of mesne profit shall be deposited in the Trial Court and that amount shall be kept in fixed deposit and will be distributed as per the outcome of the appeal.

Accordingly, I.A. No.5496 of 2017 is disposed of. List the matter for final hearing in due course.

(GAJENDRA SINGH) JUDGE HK