Baishakhu Gond vs Prabhudayal
2023 Latest Caselaw 4255 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          MP No. 1074 of 2019
                                               (BAISHAKHU GOND Vs PRABHUDAYAL AND OTHERS)

                           Dated : 17-03-2023
                                 Shri Dhananjay Asati - Advocate for the Petitioner .

                                 Shri Jaideep Sirpurkar -Advocate for the Caveator.


                                 This Court vide order dated 28.06.2022 has granted time to the petitioner
                           t o file documents since inception of proceeding including the judgment and
                           decree passed by Civil Court. This Court further observed that if the

                           documents are not filed within two weeks, the petition shall stand dismissed
                           without further reference to this Court.
                                 Though the documents were not filed by the petitioner yet, the matter was
                           listed before this Court again on 16.09.2022. On 16.09.2022, this Court again
                           granted two weeks time to the petitioner to produce the record of entire
                           proceedings. Thereafter, again, on 13.01.2023, as a last indulgence, time was
                           granted to the petitioner to ensure compliance of order dated 16.09.2022 and
                           thereafter, on 06.02.2023, again, this Court granted time for the same purpose
                           to the petitioner with the stipulation that if the order dated 16.09.2022 is not

                           complied with by the next date of listing, the present petition would be decided
                           on the basis of available pleadings.
                                 Today, again the prayer is made by the learned counsel for petitioner to
                           produce the record in terms of the aforesaid orders passed by this Court.
                                 The prayer is vehemently opposed by the respondents.

As the records have not been produced by the petitioner, despite ample opportunities, the interim order dated 20.03.2019 stands vacated.

List after four weeks. Signature Not Verified Signed by: KRISHNA SINGH Signing time: 3/21/2023 11:32:55 AM

(MANINDER S. BHATTI) JUDGE

veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 3/21/2023 11:32:55 AM