Late Shri Chandrasingh Alias ... vs Lal Singh
2022 Latest Caselaw 4446 MP

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   IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                    SECOND APPEAL NO.674 OF 2022
 (Late Shri Chandrasingh Alias Chandar Singh and Others Vs Lalsingh and Others)

Indore, Dated 29.03.2022

      Mr. Vinay Saraf, Senior Counsel along with Mr. Harshvardhan
Sharma, Counsel for the appellants.
      Mr. D.S. Kale, Counsel for the respondents No.1, 2 and 3.

Senior counsel for the appellants submitted that this appeal should be admitted on the basis of copy of judgment filed by the appellants and also without requisitioning the records of Courts below. But for the admission of second appeal, the statement of all witnesses as well as exhibited documents and pleadings of both the parties are necessary, therefore, at this stage without obtaining the records of both the Courts below, this second appeal cannot be heard on admission.

Let records of both the Courts below be requisitioned. Senior counsel for the appellants prays for interim stay in respect of IA No.2177/2022 and IA No.1805/2022.

The Hon'ble Apex Court in the case of Raghvendra Swamy Mutt vs. Uttaradi Mutt reported in (2016) 11 Supreme Court Cases 235 has held that no interim order/interim relief can be granted unless second appeal is duly admitted upon formulation of substantial questions of law.

In view of the law laid down by the Hon'ble Apex Court in the case of Raghvendra Swamy Mutt (supra), without formulation of substantial questions of law in the second appeal, no interim

order/interim relief can be granted. Therefore IA No.1805/2022 and IA No.2177/2022 will be considered after admission of appeal and the formulation of substantial questions of law.

List the matter after four weeks.

(ANIL VERMA) JUDGE

Arun/-

ARUN NAIR 2022.03.29 19:08:50 +05'30'