Sant Kumar vs Ravikant Sharma
2022 Latest Caselaw 13721 MP

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                                 MP No. 4813 of 2022
                   (SANT KUMAR AND OTHERS Vs RAVIKANT SHARMA AND OTHERS)

      Dated : 17-10-2022
           Shri Sanjay Kumar Patel, learned counsel for the petitioners.

           Heard on the question of admission.
           Issue notice to the respondents by RAD mode on payment of process

fee within a period of seven working days, failing which writ petition shall stand dismissed without further reference to the Bench.

Notices be made returnable within four weeks.

Also heard on I.A. No.13345/2022 which is an application for stay. Learned counsel for the petitioner submits that the issue with regard to limitation was already decided by the trial Court vide judgment dated 08.03.2022. Thereafter, the matter was remanded by the First Appellate Court with the direction to reframe the issue with regard to fraud. However, the trial Court reframed the issue with regard to limitation and not fraud which could not have been done.

As an interim measure, it is directed that further proceeding pending in Civil Suit No.137/2016 before the Civil Judge Junior Division Chaurai, District

Chhindwara (M.P.) shall remain stayed till the next date of hearing.

List this case in the week commencing 28.11.2022. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE vc Digitally signed by VARSHA CHOURASIYA Date: 2022.10.17 15:49:18 +05'30'