The State Of Madhya Pradesh vs Abdul Gaffar @ Nani
2022 Latest Caselaw 6932 MP

                                                  1


                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                            MP No. 1417 of 2022
                         (THE STATE OF MADHYA PRADESH AND OTHERS Vs ABDUL GAFFAR @ NANI)

            Dated : 07-05-2022
                   Ms. Vinita Phaye GA for the petitioner/State.
                   Shri V.K. Jain Senior Advocate alongwith Shri Vaishali Jain, learned counsel
            for the Respondent [R-1].

Learned counsel for the petitioner /State prays for time to file reply to I.A.

no. 2647/2022, which is an application for vacating interim order.

Learned counsel for the respondent submits that as per the judgment delivered in the case of Vasant Diwakar Patrikar and others Vs. Union of India and others reported in 1983 MPLJ 513, Appellate Court in exercise of jurisdiction under Order 41 Rule 5 of CPC cannot grant stay of an temporary injunction granted by trial Court. He also placed reliance upon the judgment delivered in the case of Radheshyam Rathi Vs. Rotary Club reported in 2013(ii) MPWN 40 and prays that the stay order granted on 29/03/2022 by this Court be vacated and it should not be continued.

Learned counsel for the petitioner opposed the aforesaid interim prayer made by the respondent.

On the last date of hearing i.e. 29/03/2022, aforesaid stay order was granted by this Court. Such stay order cannot be vacated or modified without giving sufficient opportunity of hearing to the appellant, therefore, the prayer made by learned counsel for the respondent is hereby rejected.

Accordingly, I.A. no. 2647/2022 is hereby rejected. Interim relief/stay granted on 29/03/2022 shall continue till the next date of hearing.

List the matter after ensuing summer vacation.

CC as per rules.

Digitally signed by AMOL N                                                     (ANIL VERMA)
MAHANAG                                                                           JUDGE
Date: 2022.05.07 17:43:00
+05'30'       amol