Motisingh Dewda S/O Baluji Dewda ... vs Smt. Tejabai
2024 Latest Caselaw 4274 MP

Madhya Pradesh High Court

Motisingh Dewda S/O Baluji Dewda ... vs Smt. Tejabai on 13 February, 2024

Author: Anil Verma

Bench: Anil Verma

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          MP No. 555 of 2024
                           (MOTISINGH DEWDA S/O BALUJI DEWDA THROUGH POWER OF ATTORNEY RAJESH DEWDA Vs SMT.
                                                          TEJABAI AND OTHERS)

                          Dated : 13-02-2024
                                   Shri Rohit Kumar Mangal - Advocate for the petitioner.

                                   Shri Shalabh Sharma - GA for respondent No.2/State.

Heard on IA No.829 of 2024, which is an application for interim stay. Learned counsel for the petitioner submits that the impugned order dated 20.1.2024 passed by the trial Court is against the law. Evidence is going on. If

the proceedings by the trial court is not stayed during pendency of this petition, it will cause irreparable loss to the petitioner. Hence, he prays that the impugned order be stayed. He has also placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal and others reported in (2020) 7 SCC 1.

From perusal of the record it appears that the case is fixed before the trial Court for evidence of the plaintiff. If the petition is allowed, then the petitioner will have liberty for adducing the evidence. Therefore, at this stage, no case for interim stay is made out.

Accordingly IA No.829 of 2024 is dismissed.

Let notice be issued to the respondents No.1, 3 to 7 on payment of PF within 7 days. Notice be made returnable within 8 weeks.

(ANIL VERMA) JUDGE

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