Manna Lal Soni And Ors vs Ramswaroop Soni And Ors
2021 Latest Caselaw 163 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 20634/2017

Manna Lal Soni And Ors
                                                                        ----Petitioner
                                        Versus
Ramswaroop Soni And Ors
                                                                    ----Respondent

For Petitioner(s) : Mr.Alok Chaturvedi, Adv. For Respondent(s) : Ms.Ashish Joshi, Adv.

(Through VC)

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

08/01/2021

The matter comes up on the misc. application filed for

extension of interim order dated 21.11.2017 passed by this Court.

Learned counsel for the petitioner Mr.Alok Chaturvedi

submitted that the judgment of the Apex Court in the case of

Asian Resurfacing of Road Agency vs. Central Bureau of

Investigation clearly provides that the interim order if does not

extend within six months in civil proceedings, the said stay order

automatically is deemed to be vacated.

Learned counsel submitted that the present writ

petition was lastly listed before this Court on 12.03.2019 and

since it was not listed thereafter and as such, the interim order

could not be extended.

Learned counsel further submitted that in view of the

judgment of the Apex Court, the interim order may kindly be

extended.

(2 of 2) [CW-20634/2017]

Learned counsel for the respondent Ms.Ashish Joshi

submitted that the application filed by the petitioner may not be

entertained by this Court, as the matter last listed on 12.03.2019

and six months time has already been expired in September, 2019

and as such, there is no need to continue the interim order.

I have heard learned counsel for the parties.

This Court finds that the controversy in the present writ

petition is in a narrow compass and the present writ petition itself

can be decided at this stage on the next date.

List on 02.02.2021.

The interim order dated 21.11.2017 passed by this

Court will continue, till the next date.

(ASHOK KUMAR GAUR), J

Himanshu Soni/44/Ramesh Vaishnav

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