Citation : 2023 Latest Caselaw 941 MP
Judgement Date : 16 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 259 of 2015
(LAXMI NARAYAN TIWARI AND OTHERS Vs PRASHANT KUMAR TATED)
Dated : 16-01-2023
None for the appellants.
Shri Sushil Giri Goswami - Advocate for the respondent.
On 15.12.2015 and 06.01.2023 none had appeared for the appellants. This appeal is pending since 2015 and is waiting for its admission. An interim order dated 10.03.2015 is in existence. Thus, it appears that by keeping
this second appeal pending without its admission, the intention of the appellants appears to frustrate the decrees passed by the Courts below.
Furthermore, in the light of the judgment passed by the Supreme Court in the case Raghavendra Swamy Mutt Vs. Uttaradi Mutt reported in (2016) Vol. 11 SCC Page 235 , no interim order can be passed unless and until the appeal is admitted.
Accordingly, the interim order dated 10.03.2015 is hereby vacated.
(G.S. AHLUWALIA) JUDGE
vc
Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 18-01-2023 18:31:34
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