Omkar Prasad Chourasiya vs Ashish Kumar
2024 Latest Caselaw 3823 MP

Madhya Pradesh High Court

Omkar Prasad Chourasiya vs Ashish Kumar on 8 February, 2024

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                         MA No. 603 of 2024
                                           (OMKAR PRASAD CHOURASIYA Vs ASHISH KUMAR AND OTHERS)

                          Dated : 08-02-2024
                                Learned counsel for the appellant is present.

                                Mr. Alok Tapikar - P.L. represented on behalf of respondent No.7.

Learned counsel for the appellant has stated that the respondent/plaintiff filed a Regular Civil Suit No.17-A/2016 and respondents of the Suit are the members of the joint family and during the pendency of the Suit, the

respondent/plaintiff filed an application to amend the plaint and sought relief that the Judgment and Decree dated 15.2.2013 passed in Regular Civil Suit No.67-A/2009 was not binding on the respondent No.1/plaintiff and the respondent Nos.2 and 3- father and brother of the plaintiff entered agreement of sale dated 25.4.2008 in favour of appellant/defendant, but Sale Deed was not executed and the appellant/defendant approached the civil court for specific performance of agreement and the suit filed by the appellant/defendant No.2 was decreed on 15.2.2013 and realizing the Judgment and Decree dated 15.2.2013 the respondent No.1/plaintiff filed a suit on 24.2.2016 for declaration

and injunction and possession, and appellant/defendant moved an application under Order 7 rule 11 for the dismissal of the suit on the ground of being barred by limitation. Accordingly, the trial court accepted his application and dismissed the Suit. The respondent No.1/plaintiff being aggrieved of the order of dismissal of the suit, preferred an appeal before the first appellate court and the first appellate court directed and set aside the order and remitted back to the trial court for adjudication. Challenging the order of the appellate court dated 11.10.2023 the appellant/respondent No.2 filed this appeal questioning the order

of remitting back the same to the trial court and is pressing for the stay application and filed an I.A.No.2153/2024 for stay of operation of proceeding of trial court in RCS No.17-A/2016.

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

Accordingly there shall be interim stay with regard to further proceedings of RCS No.17-A/2016 till 29.2.2024.

Issue notice to respondent Nos.1 to 6 by registered A.D. mode as per

Civil Rules of Practice and file a proof of service.

List the matter on 29.2.2024.

(DUPPALA VENKATA RAMANA) JUDGE

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