Madhya Pradesh High Court
Ram Sanjivan Chaturvedi vs Smt. Vimla Gurjar on 5 October, 2015
MA-984-2015
(RAM SANJIVAN CHATURVEDI Vs SMT. VIMLA GURJAR)
05-10-2015
Shri HK Shukla, learned counsel for the appellant.
Shri Kamal Mangal, learned counsel for respondent No.1.
Shri Praveen Newaskar, learned GA for respondent No.8 State.
Let records of Misc.Civil Case No.29/2013 as well as Civil Suit No.9A/2010 be requisitioned from the Trial Court. Such exercise be carried out within thirty days and the appeal be listed along with such records in the last week of November, 2015 for admission and consideration of IA 4768/2015 stay application.
Appellant's counsel is directed to supply copy of the appeal memo along with annexed papers and stay application with affidavit to the counsel for respondent No.1 during the course of the day enabling him to file reply of the aforesaid IA before next hearing.
In the available circumstances, respondents 2 to 7 being proforma respondents and they were defendants before the Trial Court in the impugned ex parte decree and none of them has filed any proceeding either under Order 9 Rule 13 of CPC or against the impugned order before this Court so presence of respondents 2 to 7 is not required to adjudicate this appeal. Consequently, notices against respondents 2 to 7 are hereby dispensed with and deferred.
As an interim measure, till next hearing, the parties are directed to maintain status quo with respect of the nature of the possession of the property in dispute.
Certified copy.
(U.C. MAHESHWARI) JUDGE