Madhya Pradesh High Court
Mulua Rai (Dead) The Lrs Ashok vs Ramesh Chand (Dead) Thr. Lrs Pradeep ... on 9 September, 2015
WRIT PETITION No.14479/2015 1
09.09.2015
Smt. Nirmala Nayak, learned Counsel for the
petitioners.
Learned Counsel for the petitioners to correct the
description of the parties before the Trial Court in the
memo of writ petition during the course of the day as the
decree-holders have been shown to be arrayed as
respondents/defendants and the judgment-debtors are
indicated as plaintiffs/petitioners.
Heard on the question of admission. Issue notices of this writ petition as well as I.A. No.9373/2015, an application for stay, to the respondents on payment of process fee within seven days by registered A.D. Notices be made returnable in six weeks. It is the case of the petitioners that though a second appeal was filed by the petitioners against the judgment and decree granted in favour of the respondents/ plaintiffs/decree-holders by the first Appellate Court but the conditional stay was granted by the second Appellate Court. Since the condition of stay was not complied with by the petitioners, virtually there was no stay of the execution of the judgment and decree. The limitation for filing of the execution would start from the day the decree was granted by the first Appellate Court. Since the application for execution of the judgment and decree was filed after the expiry of period of 12 years, the objection raised by the petitioners in the executing Court was to be allowed. On the other hand, the same has WRIT PETITION No.14479/2015 2 been rejected on wrong interpretation of the provisions of law by the Trial Court.
Keeping in view the aforesaid, further proceedings in Execution Case No.169-A/1986 pending in the Court of Civil Judge, Class-II, Khurai, District Sagar, between the parties, shall remain stayed till the next consideration of this interim application.
List in the week commencing 2nd November, 2015.
Certified copy as per rules.
(K.K. Trivedi) Judge Skc