Madhya Pradesh High Court
Smt. Sushila Namdev vs Anjani Kumar Sharma on 17 August, 2023
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 1265 of 2022
(SMT. SUSHILA NAMDEV AND OTHERS Vs ANJANI KUMAR SHARMA AND OTHERS)
Dated : 17-08-2023
Shri Abhishek Singh - Advocate for appellants.
Shri A.P.Singh - Advocate for respondent Nos. 1 to 4/caveator.
Shri R. Sharma - Panel lawyer for respondent No. 7/State.
Registry has submitted report that on physical verification of RCA No. 500031/15 and RCS No. 49-A/14, it is found that exhibits of RCS No. 49-A/14 are completely damaged due to termites. This fact has been brought to the notice of concerned.
At the very outset, learned counsel for appellants submits that he has filed necessary documents for construction of record vide document No. 5315/23.
Learned counsel for the respondents submits that a copy may be directed to be supplied to him.
Prayer is allowed.
Let both the parties exchange their documents, which are in their possession as well as submit it to the registry for construction of record.
Let registry take appropriate steps.
At the outset, learned counsel for appellants submits that he has filed IA No. 12521/23 for stay of the execution proceedings and let the order be passed and execution may be stayed.
On this, learned counsel for respondents submits that Hon'ble the Apex Court has directed that without admission, status quo cannot be granted.
This court is faced with peculiar circumstances wherein some of the exhibited documents of record of Civil Judge Court has been destroyed by Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 19-08-2023 15:56:22 2 termites and therefore, matter cannot be heard on admission.
Therefore, it is directed that status quo shall be maintained regarding the suit property as it exits today till the next date of hearing.
Let the matter be listed after re-construction of record and copy of this order be sent to the Principal Registrar (Judicial) for doing needful.
C.C as per rules.
(AVANINDRA KUMAR SINGH) JUDGE PG Signature Not Verified Signed by: VINAY KUMAR VERMA Signing time: 19-08-2023 15:56:22