Baldev Thankur vs Shikha Grah Nirman Sahkari ...
2022 Latest Caselaw 7172 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              MA No. 2195 of 2019
(BALDEV THANKUR AND OTHERS Vs SHIKHA GRAH NIRMAN SAHKARI SANSTHA MARYADIT GWALIOR
                               THROUGH AND OTHERS)

Dated : 11-05-2022
      Shri Vivek Khedkar, counsel for the appellants.

      Shri R.S.Dhakad, PL for the respondent No.7/State.

Shri Kamal Jain, Advocate is present in the court and submits that despite his best efforts, he could not contact respondent No.4. However, one chance may be given to him to obtain instructions in the matter.

Learned counsel for the appellants submits that the matter has been deliberately delayed by the respondents. The rights of appellants are being adversely affected by the impugned judgment of the appellate court. In furtherance to which, the trial court is proceeding with the suit. If further proceedings of the trial court are not stayed, the appellants will have to suffer irreparable loss. Therefore, the same should be stayed forthwith.

In this case, respondents No. 1,2,3,5 and 6 have been duly served but none has appeared on their behalf. On the last date, the matter was adjourned with a clear note that in case none appears on behalf of other respondents, the

matter shall be proceeded further in their absence.

Shri Kamal Jain Advocate prays for time to obtain instructions from respondent No.4.

In view of the above factual situation, it is directed that the trial court shall continue with the trial of the suit but shall not pass final judgment in the matter.

In addition, issue fresh notice to the respondent No.4 on payment of fresh process fee within seven working days by RAD as well as ordinary mode, returnable within four weeks.

List the matter in the week commencing 27th June, 2022.

(SATISH KUMAR SHARMA) JUDGE

Rks

RAM KUMAR SHARMA 2022.05.11 15:55:39 +05'30'