Sachhidanand Chaudhary S/O Shri ... vs Scindia Devsthan Nyas Registered ...
2021 Latest Caselaw 4187 MP

                                   1                                 RP-426-2021
           The High Court Of Madhya Pradesh
                       RP-426-2021
 (SACHHIDANAND CHAUDHARY S/O SHRI TRIBHUVAN LAL CHAUDHARY A) PRAVEEN CHAUDHARY
AND OTHERS Vs SCINDIA DEVSTHAN NYAS REGISTERED OFFICE 27 SAFDARGANJ NEW DELHI THR.
                      SECRETARY RANA KARAN SINGH AND OTHERS)

5
Gwalior, Dated : 11-08-2021
       Shri Vivek Khedkar, learned counsel for the petitioner.
       Shri Nitin Agrawal, learned counsel for the respondents.

I.A. No.2791/2021 & I.A. No. 3555/2021, applications for urgent hearing, are taken up, considered and allowed for the reasons mentioned

therein.

Learned counsel for the petitioner submits that the petitioner has preferred an SLP before the Hon'ble Apex Court bearing Diary No. 17562/2021 against the judgment dated 03/05/2021 passed by this Court in Second Appeal No.263/2016 and petitioner is ready and willing to vacate the premises within a month. It is further submitted that in the interest of justice, an order of stay be passed and one month's time be granted to the petitioner to vacate the premises as the petitioner has preferred aforesaid SLP.

Learned counsel for the respondents has vehemently opposed the

prayer made on behalf of the petitioner and has submitted that only filing of SLP before the Hon'ble Apex Court is not sufficient to pass an order granting stay. It is further submitted that no order with regard to grant of stay has been passed in favour of the petitioner by the Hon'ble Apex Court till date, therefore prayed to reject the prayer made on behalf of the petitioner.

Heard arguments advanced by learned counsel for the parties and perused the documents available on record.

On perusal of available record, it is apparent that this Court had passed judgment dated 03/05/2021 in Second Appeal No.263/2016, against which petitioner has filed this Review Petition and also preferred an SLP before the Hon'ble Apex Court bearing Diary No. 17562/2021. Till date, neither any stay order has been passed by the Hon'ble Apex Court in the aforesaid SLP, nor 2 RP-426-2021 any information has been communicated to this Court with regard to stay order passed by the Hon'ble Apex Court. Hence, the prayer made on behalf of the petitioner is hereby disallowed.

List this case on 26/08/2021.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2021.08.12 10:36:18 +05'30'