Citation : 2021 Latest Caselaw 7189 MP
Judgement Date : 9 November, 2021
1 MP-1475-2021
The High Court Of Madhya Pradesh
MP No. 1475 of 2021
(SMT. AASHA DEVI Vs RISHIKESH AND OTHERS)
2
Gwalior, Dated : 09-11-2021
Shri Sarvesh Sharma, learned counsel for the petitioner.
Heard on admission and interim relief.
It is submitted by the learned counsel for the petitioner that application
under Section 10 of CPC has been dismissed before the trial court whereas it
is contrary to the judgment of this court in the case as referred in 2013(3)
MPWN 68.
According the counsel, issue and subject matter are substantially same,
therefore, trial court ought to have been stayed the proceedings of subsequent
suit.
Issue notice to the respondents on payment of process fee within three
working days through registered A.D. mode, returnable within three weeks.
Petitioner is at liberty to provide the copy of petition alongwith copy of order to respond before the trial court on the next date of hearing.
The question of stay shall be heard and considered on the next date of
hearing.
List on 24.11.2021.
(ANAND PATHAK) JUDGE
Rashid RASHID KHAN 2021.11.11 11:56:34 +05'30'
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