Balmukund vs Gendalal
2025 Latest Caselaw 1685 MP

Citation : 2025 Latest Caselaw 1685 MP
Judgement Date : 17 July, 2025

Madhya Pradesh High Court

Balmukund vs Gendalal on 17 July, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                                   1                                    SA-1412-2017
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                            SA No. 1412 of 2017
                                                       (BALMUKUND Vs GENDALAL AND OTHERS )



                           Dated : 17-07-2025
                                  Shri Jayaditya Shrivastava, Advocate for the appellant.
                                  Shri Rajeev Bhatjiwale, Advocate for the respondents No.1 to 5.

Shri Amit Raval, Govt. Advocate for the respondent No.6/State.

Learned counsel appearing for the appellant requests for grant of adjournment to argue the appeal.

Per Contra learned counsel for the respondents have vehemently opposed to the adjournment submitting that the appellant is enjoying the interim stay. The application

- I.A. No.15165/2017 for stay of execution of judgment and decree under Order 41 Rule 5 of CPC was rejected by the Court as no case for stay was out. Thereafter, vide order dated 12.11.2024, an ad-interim ex-parte stay was granted in favour of the appellant which continues till date. The appellant is trying to delay the hearing of the appeal.

Considered.

As a matter of indulgence, one opportunity is given to the appellant to argue the matter, failing which, the operation of interim stay granted vide order dated 12.11.2024 shall stand vacated.

The present appeal was admitted on formulation of substantial questions of law vide order dated 18.03.2019. The original suit was filed in year 2012. The appeal deserves to be heard at the earliest.

List the matter for final hearing in the "final hearing list" of the next month.

(SANJEEV S KALGAONKAR) JUDGE

2 SA-1412-2017 pn