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Madhya Pradesh High Court

Javed Khan vs Smt. Saba on 19 October, 2020

Author: Shailendra Shukla

Bench: Shailendra Shukla

                                                         1                                CRR-420-2020
                                The High Court Of Madhya Pradesh
                                           CRR-420-2020
                                                   (JAVED KHAN Vs SMT. SABA)

                       5
                       Indore, Dated : 19-10-2020
                              Heard through Video Conferencing.
                              Shri Vismit Panot, Advocate for the applicant.
                              Shri K. Kalra, Advocate for the respondent.

This Court vide order dated 19.3.2020 had issued direction that this matter shall be listed on 7.4.2020, but it appears that due to lock down, the matter could not be listed on 7.4.2020.

The urgent hearing application which is I.A.No.7083/2020, filed on 12.10.2020 is on consideration now.

In this application, it has been prayed that final hearing of the present petition be taken at the earliest. However, this court would rather seek to adhere to the observations made on 19.3.2020 and this Court shall proceed to hear the parties on the question of maintainability of the revision as also on I.A.No.1515/2020, which is an application for vacating the stay order passed on 31.1.2020. Arguments must be led on these two aspects.

Learned counsel for the applicant submits that in fact, this matter was not listed for hearing as per order dated 19.3.2020, but was listed for hearing on urgent hearing application for hearing the matter finally and therefore, he be given opportunity to prepare for arguments, accordingly.

This submission is acceptable.

Today the matter was not to be listed for hearing as per the directions made on 19.3.2020. Hence, it would be appropriate to give the opportunity to both the learned counsel to argue on the aspects which are subject matter of order dated 19.3.2020.

Learned counsel for the respondent submits that time of 2.30 PM be fixed on 2.11.2020 because there is a possibility the matter could not be heard. This possibility stands negated as it has been seen that since the time Digitally signed by Shailesh Sukhdev Date: 20/10/2020 11:14:59 2 CRR-420-2020 the video conferencing is being held, not a single case is being left unheard. However, it is made clear that under no circumstances this matter shall be adjourned for the next date and that there shall be no ground for adjournment.

Matter be listed on 2.11.2020.

I.R. if any granted earlier shall continue.

(SHAILENDRA SHUKLA) JUDGE SS/-

Digitally signed by Shailesh Sukhdev Date: 20/10/2020 11:14:59