Smt. Jalso Bai vs Shiv Kumar Kachi
2023 Latest Caselaw 3825 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        MP No. 1165 of 2023
                                        (SMT. JALSO BAI AND OTHERS Vs SHIV KUMAR KACHI AND OTHERS)

                          Dated : 03-03-2023
                                Shri K. K. Gautam - Advocate for the petitioners.

                                Petitioners have filed this writ petition under Article 226 of the
                          Constitution of India challenging order dated 17.1.2023 contained in Annexure
                          P/2. By the said order, application for grant of stay over the judgment and
                          decree has been dismissed.

                                It is submitted by counsel for the petitioners that decree of handing over
                          the possession of disputed place has been granted in favour of the plaintiffs. If
                          decree is not stayed then petitioners will suffer irreparable injury and loss.
                          Balance of convenience was also in favour of petitioners, therefore, Appellate
                          Court ought to have been considered the application.
                                Considering the aforesaid, issue notice to the respondents on payment of

process fee within seven days by both modes.

As an interim measure, judgment and decree dated 10.12.2021 contained in Annexure P/1 is stayed till the next date of hearing.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 3/3/2023 4:21:28 PM