Shri Jain Swetamber Moorti Poojak ... vs Unkarlal Rampratap Through Motilal S/O ...
2025 Latest Caselaw 2880 MP

Madhya Pradesh High Court

Shri Jain Swetamber Moorti Poojak ... vs Unkarlal Rampratap Through Motilal S/O ... on 15 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:855




                                                               1                               MP-6947-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 15th OF JANUARY, 2025
                                                 MISC. PETITION No. 6947 of 2024
                            SHRI JAIN SWETAMBER MOORTI POOJAK JINALAY MALLINATH
                                      TRUST THROUGH ADHYAKSH MOHANLAL
                                                    Versus
                             UNKARLAL RAMPRATAP THROUGH MOTILAL S/O UNKARLAL
                                        DECEASED THROUGH LRS. HEERALAL
                           Appearance:
                                   Shri Brijesh Garg - advocate for the petitioner.

                                                                   ORDER

In the instant petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 8.10.2024 passed by VIII District Judge,e Ratlam in RCA No.19/2024 whereby the application filed by the judgment debtor under Order 41 Rule 5 CPC has been allowed and the stay has been granted on execution of the decree.

After arguing for some time learned counsel for petitioner submitted that appeal against the said impugned judgment and decree is obtained before

the same court.

Considering the aforesaid submissions, this court deems it expedient to dispose off the petition with a direction to the trial court to decide the pending appeal itself within a period of two months from the date of filing of copy of the order passed today in accordance with law.

With the aforesaid petition, is disposed off. In case if the appeal is not

NEUTRAL CITATION NO. 2025:MPHC-IND:855

2 MP-6947-2024 decided, liberty is granted to the petitioner to challenge the impugned order again before this court.

(VIJAY KUMAR SHUKLA) JUDGE

VM