Lalit Kumar vs Tejubai
2022 Latest Caselaw 5477 MP

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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                FIRST APPEAL NO.732 OF 2021
                      (Lalit Kumar Vs Tejubai)

Indore, Dated 13.04.2022

     Mr. Vikas Rathi, counsel for the appellants.
     Mr. Rishi Agrawal, counsel for the respondent No.1.

Mr. Vinay Gandhi, counsel for the respondents No.2 and 3. Counsel for the respondents contended that first appeal has been preferred against the judgment and decree dated 29.06.1996 passed in Civil Suit No.24-A/1996 in which the appellants have submitted the delay of only 90 days but the actual delay is of 9120 days and the appellants by misleading this Court has obtained the interim stay. Hence he prays that in the above circumstances the interim stay order dated 21.10.2021 be vacated immediately.

Counsel for the appellants opposes the prayer. Both the parties were heard.

After perusal of the registry note and the impugned judgment, it appears that the actual delay is 9102 days, whereas the appellants have only stated the delay of 90 days, meaning thereby, the appellants misled this Court and had obtained the interim stay. Hence in view of the huge delay of 9102 days for filing this appeal, the interim stay order dated 21.10.2021 is hereby vacated and order passed on IA No.6987/2021 dated

21.10.2021 is hereby recalled.

Both the parties are directed to argue the matter on IA No.6987/2021 on the next date of hearing.

Let copy of this order be sent to the trial Court for information and perusal.

Certified copy as per Rules.

(ANIL VERMA) JUDGE

Arun/-

ARUN NAIR 2022.04.19 10:24:10 +05'30'