Dr. Rameshchandra Sharma vs Smt. Nootan Sharma @ Nootan Shah
2022 Latest Caselaw 12276 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                 FA No. 839 of 2021
                     (DR. RAMESHCHANDRA SHARMA Vs SMT. NOOTAN SHARMA @ NOOTAN SHAH AND OTHERS)

               Dated : 14-09-2022
                          Shri Sapnesh Jain, learned counsel for the appellant.

                          Shri Jagdish Baheti, learned counsel for the respondent No.1 and 2.

None for the respondent No.3.

Learned counsel for the appellant seeks two weeks' time to file reply to the I.A. No. 5540/2022 an application under Order 39 Rule 1 and 2 read with Section 151 of CPC.

Learned counsel for the respondents No. 1 and 2 has submitted that despite trial Court decree in his favour, operation of the impugned judgments and decree has been stayed and in garb of that order he is being prevented from entering in his own premises. Therefore, same should be recalled.

Having taken into consideration the controversy involved between the parties it would be just and proper to decide the application under Order 39 Rule 1 and 2 on merit. Hence, learned counsel for the appellant is directed to file reply of the aforesaid application within three days from today.

List this case for argument on I.A. No. 5540/2022 on 28.09.2022.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 16-Sep-22 5:09:26 PM