Mohan Singh vs Smt. Kapoori Bai @ Angoori Devi
2021 Latest Caselaw 1391 MP

                                        1                                  CR-145-2021
            The High Court Of Madhya Pradesh
                        CR-145-2021
                 (MOHAN SINGH Vs SMT. KAPOORI BAI @ ANGOORI DEVI AND OTHERS)

1
Gwalior, Dated : 07-04-2021
         Heard through video conferencing.
         Shri N.K. Gupta, learned senior counsel alongwith Shri Sanjay Kumar
Sharma, learned counsel for the Petitioner.
         Heard on the question of admission and interim relief.
         On payment of process fee within seven working days, issue notice to

the respondents by RAD mode, failing which petition shall stand dismissed

without further reference to the Bench. Notice be made returnable within four weeks.

Also heard on IA No. 2312/2021, an application for interim relief. Counsel for the petitioner has relied on the judgment of the Division Bench in the case of Ambika Prasad and others Vs Ram Shiromani and others 2011(3)MPLJ 184 to contend that plaintiff is required to pay Ad valorem Court fee on the consideration of sale deed. In the present case also sale deed consideration has been paid, therefore, the Trial Court has erred in

rejecting the application.

In the meanwhile, it is directed that further proceedings in Civil Suit No. 240A/2020 pending before Third Civil Judge, Class-I Gwalior (M.P.) shall remain stayed till the next date of hearing.

List this matter in the week commencing 03/05/2021.

(S. A. DHARMADHIKARI) JUDGE

Prachi

PRACHI MISHRA 2021.04.07 16:54:27 +05'30'