Mukesh Kuchiya vs Shri Jai Kumar Jaiswani
2023 Latest Caselaw 15513 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        MP No. 5502 of 2023
                                          (MUKESH KUCHIYA AND OTHERS Vs SHRI JAI KUMAR JAISWANI)

                          Dated : 20-09-2023
                                  Shri Sanjay Agrawal - Senior Advocate with Shri Sidhant Kumar Jain

                          -Advocate for petitioner.
                                  Shri Girish Kekre -Government Advocate for respondent/State.

Heard on the question of admission and interim relief. Learned counsel for petitioner submits that ex parte decree has been

passed for demolishing the house of the petitioners' in favour of the respondent/plaintiff. An application for setting aside ex parte decree was filed under Order 9 Rule 13 of the C.P.C has been rejected. Miscellaneous Appeal preferred against that order has also been rejected. He submits that the order passed by the courts below without considering the material documents i.e in respect of mental disorder of petitioner no.1.

Let notice be issued to respondent on payment of process fee within a period of three days by RAD mode, returnable within four weeks.

By way of interim measure, it is directed that the operation of the

impugned judgment and decree dated 05.5.2016 passed in Civil Suit No. 69- A/2014 shall remain stayed till the next date of hearing and no demolition in pursuant to the said decree shall be made.

List this case on 06.11.2023.

(SANJAY DWIVEDI) JUDGE

tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 9/20/2023 6:11:51 PM