Madhya Pradesh High Court

Roopnarayan vs Chhote Lal on 5 June, 2025

                                                              1                             MP-2817-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        MP No. 2817 of 2025
                                                 (ROOPNARAYAN AND OTHERS Vs CHHOTE LAL )



                           Dated : 05-06-2025
                                 Mr. Somnath Seth - Advocate for the petitioners.

                                 Issue notice to the respondents on payment of process fee through

RAD mode within seven working days, failing which, the petition shall stands dismissed without further reference to the Court.

2. The petitioner had filed instant misc. petition challenging the order

dated 17.05.2025 passed by the learned Executing Court, whereby, the warrant of possession has been issued by learned Executing Court on the ground that the second appeal preferred against the impugned judgment and decree before the high Court is pending since 26.10.2023 and there is no stay in the said appeal.

3. Counsel for the petitioner has placed reliance upon the order of this Court reported in M.P. Weekly Notes 1977 (472): Radhakishan Vs. Vijaysingh and others to content that in the absence of service of notice of execution proceedings, the warrant of possession could not have been issued.

Counsel for the petitioners submits that it was his specific case in the application under Section 151 of CPC filed before the Executing Court that the notices of the pending execution proceedings has not been served on petitioner and petitioner sought 30 days time from the Executing Court to seek an interim order from the Hon'ble High Court in pending Second Appeal No.2606 of 2023, however, the said aspect of the matters appears to

2 MP-2817-2025 have not been considered by the learned Executing Court. Counsel for the petitioner placed reliance upon the Order 21 Rule 26 CPC to buttress his contention.

4. In view of the above, order dated 17.05.2025 passed by the II Additional Judge, Class II to the Court of Ist Civil Judge, Junior Division Bhind in Execution Case No.9/2023 shall remain stayed till next date of hearing.

List the case in the week commencing 23.06.2025. C.C. as per rules.

(AMIT SETH) V. JUDGE

(LJ*)