Sunil Kumar Baghmar v. Naresh And Company

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 516 of 2018

1. Sunil kumar Baghmar S/o Late Shri Chandanmal Baghmar, aged about 39 years, Bhagidar Naresh and Company, Near Bank of Baroda, Ganjpara, Durg, District Durg (C.G.)

2. Smt. Baniya Devi Bhutda W/o Shiv Narayan Bhutda, aged about 76 years, R/o Sakin House No. 63, Mahavit Colony, Durg, Tahsil and District Durg (C.G.) ---- Petitioners / Defendants

Versus

Naresh and Company s/o Chandra Kumar Bakliwal, aged about 40 years, Office of Mehta Bhawan, Ganjpara, Durg (C.G.) ---- Respondent/ Plaintiff For Appellants :

Shri Avinash Chand Sahu, Advocate.

For Respondent :

Shri P.R. Patankar, Adv.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/10/18 1.

This writ petition is directed against the order dated 03.04.2018 passed by the trial Court by which the trial Court has held that till the disposal of the Second Appeal No. 304 of 2017, the parties are not entitled to withdraw the decreetal amount.

2.

Since the Second Appeal No. 304/2017 is dismissed as withdrawn, the parties are at liberty to move an application before the trial Court for release of the decreetal amount which will be considered by the trial Court in accordance with law.

3.

With the aforesaid observation, the writ petition stands disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka