Karan Singh vs Laxminarayan S/O Shri Brijlal Patel ...
2025 Latest Caselaw 5551 MP

Madhya Pradesh High Court

Karan Singh vs Laxminarayan S/O Shri Brijlal Patel ... on 13 March, 2025

Author: Pranay Verma

Bench: Pranay Verma

          NEUTRAL CITATION NO. 2025:MPHC-IND:6952




                                                             1                               MP-619-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE PRANAY VERMA
                                                  ON THE 13th OF MARCH, 2025
                                                 MISC. PETITION No. 619 of 2024
                                               KARAN SINGH
                                                   Versus
                             LAXMINARAYAN S/O SHRI BRIJLAL PATEL (DEAD) THROUGH
                                         LRS. MANOJ AND OTHERS
                           Appearance:
                                   Shri Anubhav Raj Pandey - Advocate for the petitioner.
                                   Shri Jitendra Verma, learned counsel for the LR's of respondent No.1.

                                                                 ORDER

1. This petition under Article 227 of the Constitution of India, has been preferred by the petitioner / defendant No.3 being aggrieved by the order dated 21/12/2023 passed in MJC.No.459/2018 by the 11th Civil Judge, Senior Division, Indore whereby his application for stay of the execution proceedings during the pendency of proceedings under Order 9 Rule 13 of the CPC has been rejected.

2. The plaintiff / respondent No.1 instituted a civil suit against the defendants for recovery of a sum of Rs.26,01,887/-. The same was decreed by judgment and decree dated 20/4/2017. Thereafter the decree was put to execution by the decree holder notice of which was received by the defendants including present defendant No.3 / petitioner. He then filed application for stay of the execution proceedings submitting that he has already preferred an application under Order 9 Rule 13 of the CPC for

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setting aside of the ex parte decree. The said application has been rejected by the Court below by the impugned order.

3. It is observed that at the time of issuance of notice of this petition on 7/2/2024, defendant No.3 / petitioner was directed to deposit a sum of Rs.3,50,000/- before the executing Court within a period of 4 weeks. The said order has remained in operation since then. It is informed that the application under Order 9 Rule 13 of the CPC has remained pending for about seven years.

4. Thus in the available facts of the case, it is directed that the petitioner should deposit a further sum of Rs.1,00,000/- before the executing Court within a period of six weeks from today. Upon the same being done

the entire deposited sum of Rs.4,50,000/- shall be released in favour of the decree holder upon his furnishing solvent surety to the satisfaction of the executing Court. In case the amount is deposited by the petitioner as aforesaid, the execution of the decree dated 20/4/2017 passed in Civil Suit No.9-B/2015 by the 11th Civil Judge, Class I, District Indore shall remain stayed, till decision of the application under Order 9 Rule 13 of the CPC. If the amount is not so deposited this order shall automatically come to an end and the impugned order shall revive.

5. The concerning Court is also directed to expedite the hearing of the application under Order 9 Rule 13 of the CPC and to conclude the same within a period of four months from the date of receipt of certified copy of this order.

6. With the aforesaid directions, petition stands disposed off.

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(PRANAY VERMA) JUDGE SS/-