Madhya Pradesh High Court
Asha Devi Kotwani vs L.D. Badhvani on 13 December, 2018
1 FA-460-2015
The High Court Of Madhya Pradesh
FA-460-2015
(ASHA DEVI KOTWANI Vs L.D. BADHVANI)
13
Jabalpur, Dated : 13-12-2018
Shri Mod. Siddiqui, learned counsel for the appellant.
Ms. Sudeepta Choubey, learned counsel for the respondent.
Heard on IA No. 10083/2017, an application under Section 13(6) of MP Accommodation Control Act on the ground that the appellant has not deposited decretal amount and also the regular rent. A prayer is made that his defence may be struck off and the stay granted earlier be vacated.
It is reflected from the order dated 18.3.2016 passed in MCC No. 623/2016 that while restoring the first appeal the Court has specifically mentioned that "as the interim order granted earlier was specifically vacated and the appeal was dismissed for want of prosecution, there shall be no stay in the matter until and unless a separate application is filed in that behalf, and the application for grant of stay is considered and decided, in accordance with law, after hearing the respondents."
It is an admitted fact that the appellant has not filed any separate application for stay after restoration of First Appeal. In view of the fact, there is no stay/interim relief existing in favour of the appellant as on today.
List this matter along with CR No. 422/2016.
(NANDITA DUBEY) JUDGE rss Digitally signed by RAVI SHANKAR SHRIVASTAVA Date: 13/12/2018 16:15:36