Citation : 2023 Latest Caselaw 1421 MP
Judgement Date : 24 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 244 of 2023
(ASHOK KUMAR CHANDWANI AND OTHERS Vs SMT. MUSKAN CHANDWANI AND OTHERS)
Dated : 24-01-2023
Shri Ankit Saxena - Advocate for the applicants.
Heard on I.A. No. 1499/2023, an application for condonation of delay.
As per office note, this revision is time barred by 140 days. For the
reasons mentioned in the application, which is supported by an affidavit of
applicant No. 2, the application is allowed and delay is condoned subject to
payment of cost of Rs.2000/- to be paid by the applicants to the respondents
within 15 days from today.
Heard on admission.
Issue notice to the respondents by RAD as well as ordinary mode on payment of process fee within 7 working days.
Also heard on I.A.No.1477/2023, an application for grant of stay. Looking to the facts and circumstances of the case and also considering that there are two views taken by the Courts below; one in favour of the applicant and another is in favour of the respondents, as an interim measure, it
is directed that subject to payment of a sum of Rs.4,000/- per month to the respondents jointly and severally as directed by Sessions Judge, Bhopal, the execution of impugned judgment dated 24.5.2022 passed by the Sessions Judge, Bhopal in Criminal Appeal No. 240 of 2021 shall remain stayed till further orders.
The applicants are directed to make the payment of arrears, if any, within Signature Not Verified SAN
30 days from today.
Digitally signed by PRADYUMNA BARVE Date: 2023.01.25 13:32:34 IST
It is made clear that if the applicants fail to pay the aforesaid maintenance
amount to the respondents consecutively for three months, this order shall become ineffective and the applicants will have to pay the maintenance as directed by the Sessions Judge, Bhopal in the judgment dated 24.5.2022 passed in Criminal Appeal No. 240 of 2021 Record be requisitioned
(SMT. ANJULI PALO) JUDGE
PB
Signature Not Verified SAN
Digitally signed by PRADYUMNA BARVE Date: 2023.01.25 13:32:34 IST
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