C.M.D.Madhya Pradesh Kshetra ... vs Chanda Bai
2022 Latest Caselaw 5997 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    SA No. 60 of 2022
                                   (C.M.D.MADHYA PRADESH KSHETRA VIDYUT VITRAN CO.LTD. AND OTHERS Vs CHANDA BAI AND OTHERS)

                                   Dated : 23-04-2022
                                         Mr. Abhishek Arjaria, learned counsel for the appellants.

                                         Mr. Rajesh Nema, learned counsel for the respondents.

Ms. Geeta Yadav, learned Panel Lawyer for the respondent/State. As the appeal is within time as per Office Note, I.A. No.114/2022, an application for condonation of delay, is dismissed as misconceived.

Heard on the question of admission.

The appeal is admitted on the following substantial question of law:

"In the facts of the case, in respect of the suit filed by the plaintiffs whether Article 72 of Schedule I of the Limitation Act is applicable or it would be covered under Article 113 of the Limitation Act ?"

As the counsel for the respondents is present no further notice is required. Also heard on I.A. No.113/2022, an application for grant of stay. Having heard learned counsel for the parties and in the facts of the case, it is

directed that on depositing a sum of Rs.5,00,000/- (Rupees Five Lacs only) towards the amount of compensation granted by the Courts below, execution of the impugned judgment and decree for remaining amount shall remain stayed. It is made clear that the aforesaid amount shall be disbursed to the claimants by the trial Court on furnishing the proper surety to its satisfaction.

List the case for final hearing in due course. C.C. as per rules.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.04.27 19:08:59 IST