Balveer vs Phoolbai
2021 Latest Caselaw 4899 MP

                                  1                                 SA-304-2020
        The High Court Of Madhya Pradesh
                    SA-304-2020
                        (BALVEER Vs PHOOLBAI AND OTHERS)

6
Gwalior, Dated : 01-09-2021
      Heard through Video Conferencing.
      Shri Prashant Singh, learned counsel for the appellant.
      Shri J.P.S. Baghel, learned counsel for respondents No. 1 to 3 and 5.

Shri R.P. Singh, learned Govt. Advocate for respondent No.4-State. Learned counsel Shri Baghel has submitted that I.A. No.2374/2021 has

been filed for vacating the ex-parte interim order dated 06/1/2021 passed in the present appeal. It is further submitted that the present second appeal has been filed against the concurrent findings given in the judgments passed by the Courts below. Present appellant/ plaintiff Balveer Singh and another plaintiff Anil Kumar preferred a civil suit seeking relief of declaration and permanent injunction against present respondents/ defendants. This Court vide order dated 06/1/2021 had directed the parties to maintain the status quo due to which present decree holders are unable to enjoy the benefits of the judgments and decree passed in their favour by the Courts below and due to

that respondents/ defendants are unable to cultivate the land thereby causing serious prejudice and loss to them. The aforesaid order dated 06/1/2021 had been passed ex-parte and was interim in nature. As balance of convenience is in favour of respondents No. 1 to 3 and 5, therefore, prayed to vacate the ex- parte interim order dated 06/1/2021. It is also orally submitted that in fact one more second appeal, which is relating to same property in dispute and between same parties, was filed which suffered dismissal but this fact was not disclosed by the appellant before this Court and any review petition filed against another order cannot work as stay order in any case. Hence, prayed to vacate the aforesaid interim order dated 06/1/2021.

Learned counsel for the appellant has opposed the prayer made by learned counsel for respondents No. 1 to 3 and 5 and has submitted that there 2 SA-304-2020 is no merits in the application (I.A. No.2374/2021). Interim order dated 06/1/2021 was passed by this Court considering the merits of the case and the submissions made by learned counsel for respondents No. 1 to 3 and 5 are not correct. Hence, prayed for reject of I.A. No.2374/2021.

Heard learned counsel for the rival parties and perused the materials available on record.

Order dated 06/1/2021 had been passed ex-parte. Present interim application (I.A. No.2374/2021) is supported with affidavit wherein it is mentioned that the balance of convenience lies in favour of respondents No. 1 to 3 and 5/ defendants, therefore, considering the aforesaid facts of the case, ex-parte interim order dated 06/1/2021 passed in the present case is hereby vacated.

List the case for final hearing in due course.

ALOK KUMAR                                (RAJEEV KUMAR SHRIVASTAVA)
2021.09.02
13:45:57                                             JUDGE
+05'30'
11.0.8


AKS