Sushil Kumar Jain vs Vaseem Iqbal Ali
2024 Latest Caselaw 16038 MP

Madhya Pradesh High Court

Sushil Kumar Jain vs Vaseem Iqbal Ali on 29 May, 2024

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 1235 of 2024
                                            (SUSHIL KUMAR JAIN Vs VASEEM IQBAL ALI AND OTHERS)

                           Dated : 29-05-2024
                                  Shri Avinash Zargar- Advocate for the appellant.

                                  Shri Akhilesh Kumar Jain- Advocate for the Respondents [caveat].

Learned counsel for the petitioner submits that he is ready to argue on the question of admission, however, in the absence of record of trial court and appellate court, it is not possible to hear the arguments of counsel for the

appellant on the question of admission.

Record of the trial court and appellate court be requisitioned. Counsel for the appellant submits that respondent/decree holder has already filed the execution and the same is listed today itself and if the interim protection is not granted, the decree of eviction may be executed at any time and the appellant will suffer irreparable loss and appeal will become infructuous.

Counsel for the respondents/decree holder on caveat opposed the prayer of counsel for the appellant and submits that until and unless appeal is admitted, no interim protection can be granted to the appellant. To bolster his submission,

he relied on the judgments of Apex Court delivered in the matter of Raghavendra Swamy Mutt Vs. Uttaradi Mutt reported in 2016 11 SCC

Considering the fact that execution has already been filed and it is listed today and in the absence availability of record, it is not possible to hear the argument on the question of admission.

By way of interim measure, the parties are directed to maintain status quo till the next date of hearing subject to compliance of the money part of the

decree.

List on 3.7.2024.

It is made clear that after receipt of the record, if the appellant will not argue the appeal on the question of admission, the court may consider to recall the interim protection.

(VINAY SARAF) JUDGE

P/-