Sanjeev Kumar Dwivedi vs Must. Vidyabai
2023 Latest Caselaw 19716 MP

Madhya Pradesh High Court

Sanjeev Kumar Dwivedi vs Must. Vidyabai on 24 November, 2023

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         MP No. 6596 of 2023
                                      (SANJEEV KUMAR DWIVEDI AND OTHERS Vs MUST. VIDYABAI AND OTHERS)

                           Dated : 24-11-2023
                                 Mr. R.N. Dwivedi, learned counsel for the petitioner.

                                 Mr. Manhar Dixit-learned Panel Lawyer for the respondent

No.13/State.

Mr. R.N. Dwivedi, learned counsel for the petitioner/defendant is present. This matter was taken up on 08.11.2023 and this Court issued notice to

the respondents and post the matter on 22.11.2023. When the matter was again taken up on 22.11.2023, service report not filed. The matter is taken up today and counsel for the petitioner stated that service report is filed on 23.11.2023, on subsequent date i.e. 22.11.2023. On perusal of the summons/notices, except respondent No.9, notice of respondent No.13 served and except that none of the respondents put the date underneath of their respective signatures, therefore, it is not the sufficient service to the respondents.

Issue fresh notices to respondents Nos.1 to 8 and 10 to 12 and take out personal notice by petitioner's counsel and file a proof of service.

The petitioner/defendant filed this petition against the order passed by the trial Court on 05.10.2023 in RCS-A-66/2016. He argued that there was an earlier litigation between the parties. The plaintiff filed a suit for declaration the sale- deeds dated 29.02.2016 and 23.08.2014 to be null and void and sought for permanent injunction. Pending the suit, the defendant filed an application before the trial Court under Order 16 Rule 17 of C.P.C. permitting him to file a copy of the judgment passed by the first appellate Court and the trial Court dismissed the said application. Challenging the order passed by the trial Court, he filed this

petition before this Court and further argued that the said judgment is very crucial to adjudicate the matter before the trial Court, seeking stay. If stay is not granted the petitioner will suffer irreparable loss and the trial Court may dispose of the suit and the whole exercise made by the petitioner/defendant will become futile.

In the facts and circumstances of this case, considering the submissions of the learned counsel and on perusal of the record, this Court prima facice satisfied that the petitioner has shown sufficient cause to grant interim relief.

Accordingly, there shall be an interim stay of the order dated 05.10.2023 passed in RCS-A-66/2016 pending before the Civil Judge Senior Division till

09.01.2023.

Post the matter on 09.01.2023.

Learned counsel for the petitioner is directed to file translated copy of the order.

(DUPPALA VENKATA RAMANA) JUDGE

kundan