Gyanvati Rai vs Harjit Oberoi
2022 Latest Caselaw 2085 MP

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                                                   The High Court Of Madhya Pradesh
                                                             MP No. 139 of 2022
                                                               (GYANVATI RAI AND OTHERS Vs HARJIT OBEROI)

                                        Jabalpur, Dated : 15-02-2022
                                              Shri A.K. Ojha, Counsel for the petitioners.

                                              Heard on IA No.326/2022, which is an application for grant of interim relief
                                        wherein it has been prayed by the counsel for the petitioners that this Hon'ble
                                        Court may kindly be pleased to direct the learned Court below to decide the MJC
                                        NO.1361/2019 pending before the 2nd Civil Judge, Senior Division, Jabalpur on
                                        preferential basis within a period of three months.

                                              Learned counsel for the petitioners submits that the petitioner has moved an
                                        application for setting aside the ex-parte judgment and decree dated 22/7/2019 and
                                        MJC is pending before the Second Civil Judge, Senior Division as MJC
                                        no.1361/19 and respondents have entered their appearance in the matter and

therefore, application for setting aside ex-parte decree is liable to be heard before the final order is passed in execution case no.EXA111/2019. It is further submitted by the counsel for the petitioners that the case of the Court below i.e. Execution Case No.111/2019 pending before that Court may be decided within a period of 3 months.

Looking to the aforesaid factual scenario and also the fact that the respondents have entered their appearance in the Court below, it is hereby directed to the trial Court to decide the case NO.EXA111/2019 of MJC No.1361/2019 pending before the 20th Civil Judge, Class-II, Jabalpur within a period of 3 months from the date of receipt of the certified copy of the order passed today.

CC as per rules.

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2022.02.16 12:56:30 IST