Parmeshwardeen vs Rakesh Singh
2023 Latest Caselaw 19718 MP

Madhya Pradesh High Court

Parmeshwardeen vs Rakesh Singh on 24 November, 2023

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          MA No. 440 of 2023
                                              (PARMESHWARDEEN Vs RAKESH SINGH AND OTHERS)

                          Dated : 24-11-2023
                                Shri Abhijit Awasthy - Advocate for the appellant.

                                Shri Manhar Dixit - Panel Lawyer for the respondent no.6.

Learned counsel represented on behalf of the appellant has filed this petition before this Court Challenging the order dated 30.09.2022 passed by the First Appellate Court of remanding the matter to the trial Court for de-novo trial.

Along with this appeal, he filed I.A.No.1748/2023- application for condonation of delay of three days in filing the appeal.

On perusal of petition and application, the causes shown in the application for condoning the delay is justifiable, I.A.No.1748/2023 is allowed and the delay is condoned.

Counsel for the respondent no.1 entered appearance but no representation on his behalf.

Notices issued to respondent no.3, 3A and 3B are served but no representation on their behalf.

Notices issued to respondent no.4 to 6 are served but no representation on their behalf.

Notice to respondent no.2 is not served.

Issue fresh notice to respondent no.2 and take out personal notice by appellant's counsel and file a proof of service.

Learned counsel for the appellant filed another I.A.No.1261/2023 and seeking stay the effect and operation of the order dated 30.09.2022 passed by the First Appellate Court.

Further he has argued that the defendant/appellant have a good case to succeed the matter on merit and if the stay is not granted, the Appellate Court expedite the trial and deliver the judgment which caused prejudice to the appellant/defendant no.1.

In the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and on perusal of record, this Court prima-facie, satisfied that the petitioner has shown sufficient cause for grant of interim stay.

Accordingly, there shall be an interim stay for operation of the impugned order dated 30.09.2022 passed by the First Appellate Court, till the next date of

hearing.

Post the matter on 10.01.2024.

In the meantime, learned counsel for the petitioner is directed to filed translated copy of the order.

(DUPPALA VENKATA RAMANA) JUDGE

rk.