Rajesh vs Sarvesh
2024 Latest Caselaw 14548 MP

Madhya Pradesh High Court

Rajesh vs Sarvesh on 16 May, 2024

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                        FA No. 727 of 2021
                                                           (RAJESH Vs SARVESH)

                          Dated : 16-05-2024
                                Shri Yogesh Kumar Gupta, learned counsel for the appellant.

                                Shri Satish Jain, learned counsel for the Respondent.

Counsel for the appellant submits that IA No.6964/2021, application under Order 39 Rule 1 & 2 CPC, has rendered infructuous as subsequently he has filed an application IA No.7256/2021 under Order 41 Rule 5 CPC. Accordingly, IA No.6964/2021 is dismissed as infructuous.

Heard on admission.

Appeal is admitted for final hearing.

Heard on IA No.7256/2021, an application for stay. Appellant/defendant has filed the present appeal being aggrieved by the judgment and decree dated 31.08.2021 passed by 23rd District Judge, Indore in civil suit no.39A/2011 by which the suit filed by the respondent/plaintiff for specific performance of contract, possession and permanent injunction has been decreed.

Counsel for the appellant submits that the respondent has filed the

execution proceedings before the trial court, so if the impugned judgment and decree are not stayed stayed during the pendency of this appeal, it will cause irreparable loss to the appellant. Hence, prays for stay of the the impugned judgment and decree till the final disposal of this appeal.

On the other hand, counsel for the respondent opposes the application. After hearing learned counsel for the parties it is found that the agreement has been executed after paying Rs.6 lakhs as sale consideration, therefore, the

appellant is having the money of Rs.6 lakhs and possession of the suit property. Therefore, it is directed that the operation of the impugned judgment and decree shall remain stayed during the pendency of this appeal subject to deposit of Rs.6 lakhs by the appellant before the trial Court within one month from today. The trial court is directed to invest the said amount in the maximum interest fetching FDR of any nationalized bank. IA No.7256/2021 stands disposed of.

List this appeal for final hearing in due course.

(HIRDESH) JUDGE

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