IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 28 OF JANUARY, 2026 MISC. PETITION No. 2965 of 2021 TORAN SINGH AND OTHERS Versus DEVEENDR PATEL Appearance:

Shri Pradeep Kumar Bhargava & Shri Rajesh Kumar Patel-Advocates for the petitioners.

Shri Sanjay Sarwate-Advocate for the respondent.

ORDER The present position has been filed challenging the order passed by the Executing Court dated 04.02.2020, thereby the Executing Court has rejected the application for stay of execution proceedings under Order 21 Rule 26 and 29 CPC and has decided to proceed ahead with the execution proceedings. This court, while entertaining the petition, had stayed the execution proceedings and the said stay is prevailing since 21.10.2021. 2. It is vehemently contended by the counsel for the petitioners/

judgment debtors that there is a decree for specific performance in favour of the respondent, and the said decree was passed on 29.02.2016, but the present petitioners/ judgment debtors have already filed a suit before the civil court for setting aside the said judgment and decree, and the said suit has been registered as RCSA No. 68 of 2019 and therefore, once th