Baldev Raj Anand vs Parmeshwar Choudhary
2022 Latest Caselaw 9866 MP

Citation : 2022 Latest Caselaw 9866 MP
Judgement Date : 18 July, 2022

Madhya Pradesh High Court

Baldev Raj Anand vs Parmeshwar Choudhary on 18 July, 2022

Author: Sushrut Arvind Dharmadhikari

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                               MP No. 2840 of 2019
                                 (BALDEV RAJ ANAND Vs PARMESHWAR CHOUDHARY AND OTHERS)

                Dated : 18-07-2022
                          Shri Ram Prasad Khare, learned counsel for the petitioner.

                          Shri Manoj Sanghi, learned counsel for respondent No. 1.

Shri Virendra Singh, learned counsel for respondent No. 2. This Court vide order dated 30.09.2019 has stayed the further proceedings of Civil Suit No.33-A/2014 pending in the Court of 17th Additional District Judge, Jabalpur. Thereafter, vide order dated 23.04.2022, the interim

order dated 30.09.2019 was modified to the extent that the trial Court shall proceed further in the matter but shall not pass final order/judgment in the matter for a period of two months from today.

Learned counsel for the respondent/plaintiff, submitted that the plaintiff had filed an application under Order 23 Rule 1 read with Section 151 of the C.P.C. on 20.06.2022 for withdrawal of the suit. However, the trial Court did not proceed in view of the modified interim order dated 23.04.2022. Therefore, the trial Court may be directed to decide this application as expeditiously as possible.

In view of the aforesaid facts and circumstances of the case, the trial Court is directed to consider the application under Order 23 Rule 1 read with Section 151 of the C.P.C. on its on merits and decide the same as expeditiously as possible. The interim order dated 23.04.2022 would not be a bar in deciding this application.

Signature Not VerifiedList the matter after four weeks. Signed by: ASHISH KUMAR LILHARE Signing time: 7/19/2022 10:50:30 AM

(S. A. DHARMADHIKARI) JUDGE ashish

Signature Not Verified Signed by: ASHISH KUMAR LILHARE Signing time: 7/19/2022 10:50:30 AM