Premi vs Smt. Asha Bai Valmiki
2024 Latest Caselaw 16458 MP

Madhya Pradesh High Court

Premi vs Smt. Asha Bai Valmiki on 31 May, 2024

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         SA No. 739 of 2023
                                                (PREMI AND OTHERS Vs SMT. ASHA BAI VALMIKI)

                          Dated : 31-05-2024
                                  Shri Abhishek Singh Bhadoriya - Advocate for the appellants.

                                  Shri Santosh Agrawal - Advocate for the respondent.

Heard on I.A. No.1214/2024, an application filed by the appellants under Order 41 Rule 5 r/w Section 151 CPC for staying the effect and operation of the impugned judgment and decree.

This application is vehemently opposed by the learned counsel for the

respondent submitting that the execution proceedings are in progress and the order for civil jail has also been passed by the executing Court against the appellants. The appellants have filed an application under Order 21 Rule 97 of CPC in these execution proceedings though such application is not maintainable.

Learned counsel for the appellants submits that he has no knowledge and information about the above proceedings hence, before passing any order on the present I.A, it is appropriate to direct the respondent to produce the documents in support of his above submission.

Respondents are directed to file necessary documents by the next date of hearing.

List the case in the month of July, 2024 for final hearing as well as for consideration of I.A No.1214/2024.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Adnan