Smt. Kalabai vs Smt. Pavitrabai Thr. Legal ...
2021 Latest Caselaw 688 MP

                                                             1                                 MP-750-2021
                                  The High Court Of Madhya Pradesh
                                              MP-750-2021
                        (SMT. KALABAI AND OTHERS Vs SMT. PAVITRABAI THR. LEGAL REPRESENTATIVES LALIT KUMAR
                                              S/O LATE HARIPRASAD NIGAM AND OTHERS)

                       1
                       Indore, Dated : 12-03-2021
                                 Shri Nitin Phadke, learned counsel for the petitioner.
                                 Heard on the question of admission.
                                 On payment of process fee within seven days, notices be issued to the
                       respondents, failing which, the petition stands dismissed without further

reference to this Court.

Also heard on the question of interim relief. Learned counsel for the petitioner submits that the appellant before the learned Additional Commissioner died on 22.11.2020 whereas the impugned order is passed on 27.01.2021. In view of the judgment of Hon'ble Supreme Court reported in AIR 2017 SC 2419 (Gurnam Singh vs. Gurbachan Kaur) para no.22, the decree for or against the dead person is a "nullity".

Considering the aforesaid and subject to hearing the other side, till the next date of hearing, the effect and operation of impugned order dated

27.01.2021 shall remain stayed.

List thereafter.

Cc as per rules.

(SUJOY PAUL) JUDGE

amit

Digitally signed by Amit Kumar Date: 12/03/2021 18:50:40