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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
MA No. 47 of 2014
(HUKUMCHAND AND ANR. AND OTHERS Vs RAMDAYAL)
Dated : 31-10-2022
Shri Nitin Phadke, counsel for the appellants.
None for respondent.
Heard on I.A.NO. 6542/2022.
The present appeal is admitted appeal and this Court passed an interim order on 28.3.2014 staying further proceedings pursuant to the order of remand dated 6.12.2013.
Counsel for the appellant submits that trial court is proceeding with the trial treating the interim order as vacated in view of the judgment passed by the apex Court in the case of Asian Resurfacting of Road Vs. CBI reported in AIR 2018 SC 2039.
Learned counsel submits that later it has been clarified by the apex Court that the aforesaid judgment would not apply to the appellate proceedings and therefore the interim order shall not stand vacated in view of said judgment.
After hearing learned counsel for appellants, I.A.No. 6542/2022 is allowed. Further proceedings of civil suit No.62-A/2007 pending in the court of Civil Judge class-I, Sendhwa district Barwani shall remain stayed.
I.A.No. 6542/2022 is allowed and disposed of.
(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 10/31/2022 5:49:04 PM