Madhya Pradesh High Court

Gopinath vs Dashrath (Since Dead) Through Lrs. ... on 2 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                           1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 2 nd OF MAY, 2024
                                            MISC. PETITION No. 2105 of 2024

                         BETWEEN:-
                         GOPINATH S/O LATE SHRI PITAMBER DAS, AGED
                         ABOUT 85 YEARS, OCCUPATION: BUISNESS MOHALLA
                         BUDHWARA TEHSIL DISTRICT BURHANPUR (MADHYA
                         PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI AKSHAT ARJARIA - ADVOCATE)

                         AND
                         1.    DASHRATH (SINCE DEAD) THROUGH LRS.
                               MAYANK S/O LATE SHRI DASHRATH PATEL,
                               AGED ABOUT 31 YEARS, BUDHWARA CHAURAHA
                               TEHSIL AND DISTRICT BURHANPUR (MADHYA
                               PRADESH)

                         2.    SWATI W/O SHRI RUPESH KESARI D/O LATE SHRI
                               DASHRATH PATEL, AGED ABOUT 34 YEARS, R/O A
                               210, SAKHI APARTMENT, ROAD NO 2 BORIWALI
                               EAST MUMBAI (MAHARASHTRA)

                                                                                      .....RESPONDENTS
                         (NONE)

                               This petition coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

This petition is against the order dated 19.03.2024 (Annexure-P/5) whereby the executing court has rejected the application filed by the judgment debtor/petitioner seeking stay of execution proceedings of EXA 14/2023

pending before IIIrd Additional District Judge, Burhanpur.

2. Learned counsel for the petitioner submits that the executing court has rejected the application saying that the matter is pending since 2023 and no interim order from the High Court has been produced and as such, no reason for the executing court to stay the said proceedings. He further submits the appeal i.e. First Appeal No.519 of 1999, in which, stay had been granted and execution of impugned judgment and decree was stayed by the High Court, got dismissed for want of prosecution on 12.04.2023. He submits that against that order an application i.e. MCC No.3095 of 2023 for restoration of the said appeal has been filed by the petitioner, in which notices have been issued to the respondents, however, in the meantime, the executing court is trying to execute

the decree and, therefore, thee petition had moved an application before the executing court referring therein that an MCC has been filed for restoring the first appeal, but the executing court rejected the application by the impugned order.

3. Considering aforesaid, I am disposing of this petition directing the executing court not to proceed further in execution case i.e. EXA 14/2023 for implementation of judgment and decree, for a period of sixty days from today.

4. It is for the petitioner to get the MCC decided or to get any interim order from the Court.

5. With the aforesaid, this petition is disposed of.

(SANJAY DWIVEDI) JUDGE ac/-