Ram Lal Patel (Dead) Through Legal ... vs Smt. Lata Jain
2024 Latest Caselaw 4702 MP

Madhya Pradesh High Court

Ram Lal Patel (Dead) Through Legal ... vs Smt. Lata Jain on 17 February, 2024

Author: Amar Nath Kesharwani

Bench: Amar Nath Kesharwani

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         FA No. 2312 of 2023
                           (RAM LAL PATEL (DEAD) THROUGH LEGAL REPRESENTATIVES VIJAY SHANKAR PATEL AND OTHERS Vs
                                                         SMT. LATA JAIN AND OTHERS)

                           Dated : 17-02-2024
                                 Shri Nitin Pindharkar - Advocate for the appellant.

                                 Shri R.P.Khare - Advocate for the respondent.

Heard on I.A.No.936/2024 application under Order 41 Rule 5 r/w Order 39 Rule 1 & 2 CPC for staying effect and operation of judgment and decree dated 23.08.2023 and for restraining the respondents from alienating and from

making any further construction as well as from interfering in the possession of the appellant upon suit property.

During course of arguments, learned counsel for the parties drew attention of this Court towards order passed by Division Bench of this Court in the case of Mukesh Patel vs. Smt. Lata Jain & ors. (Review Petition No.243/2022 decided on 25.07.2022) wherein it is ordered :

"The Corporation is also directed to ensure that whatever damage/compensation is due to petitioners in terms of the provisions of M.P.

Municipal Corporation Act be paid expeditiously subject to final outcome in RCS A/600031/2011 (Smt Lata Jain and three others Vs.Ramlal and another) pending before XV Additional District and Session Judge, Jabalpur (M.P.) and in F.A. No.769/2016 (Ramlal Patel (deceased) through Smt. Laxmi Bai Patel Vs. Sanjay Patel) and F.A. No.770/2016 (Ramlal Patel (deceased) through LR. Smt. Laxmi Bai Patel Vs. Sanjay Patel) pending before this Court."

In the light of above order, learned counsel for the parties pray to list

First Appeal No.769/2016 [Ramlal Patel (deceased) through Smt. Laxmi Bai Patel vs. Sanjay Patel] and First Appeal No.770/2016 [Ramlal Patel (deceased) through LR.Smt. Laxmi Bai Patel vs. Sanjay Patel] alongwith this case for final hearing at an early date.

After due consideration, I.A.No.936/2024 is partly allowed and respondents are restrained from alienating the suit property and raising further new construction on any part of the suit property till final disposal of this appeal with condition that, if the appellant is reluctant to argue the matter then the respondents would be at liberty to file application for vacating the stay.

Accordingly, I.A.No.936/2024 is disposed of.

Office is directed to list this case alongwith F.A.No.769/2016 and F.A.No.770/2016 for analogous hearing in the week commencing 06.05.2024.

(AMAR NATH (KESHARWANI)) JUDGE

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