Sajjansingh vs Shersingh
2021 Latest Caselaw 4339 MP

                                       1                                SA-2354-2019
        The High Court Of Madhya Pradesh
                    SA-2354-2019
                           (SAJJANSINGH Vs SHERSINGH AND OTHERS)




Indore, Dated : 13-08-2021
      Heard through Video Conferencing.
      Shri Nitin Phadke, learned counsel for the appellant.
      Shri Pradyumna Kibe, learned Panel Advocate for the State.
      Shri Rohit Kumar Mangal, learned counsel for the Respondent [R-1].

Heard on IA No.134/2021, IA No.6561/2019 & IA No.4472/2021. The aforesaid applications have been filed by the appellant before this Court because the executing Court is insisting for production of the order by which this Court has continued the stay order after 04.02.2020.

Learned counsel for the appellant submits that after hearing both the parties this Court has made the interim order absolute on 04.02.2020, therefore, there was no need to apply after every six months for revival of the stay order.

Shri Mangal, learned counsel appearing for the respondent is also not

disputing this submission.

Once in appeal the stay has been granted by this Court then the executing Court should not insist for revival of the stay order after every six months. The interim order expires only in those matters wherein in exercise of supervisory jurisdiction under section 115 CPC as well as section 482 Cr.P.C the High Court has stayed the proceedings pending before the civil Court as well as criminal Court. In second appeal this Court has stayed the execution of the impugned judgment and decree, therefore, such an order is not liable to be expired after six months. The applications are accordingly disposed of.

                                                                   (VIVEK RUSIA)
      Digitally signed by HARI                                         JUDGE
      KUMAR C G NAIR
      Date: 2021.08.16 10:53:06
hk/   +05'30'
 2   SA-2354-2019