Dharam Das Kachhi vs Narayan Prasad Sahu on 8 September, 2010

                         W.P. No.11902/2010
08.09.2010
        Shri P.D. Gupta, learned counsel for the petitioners.
        Learned counsel for the petitioners submits that on raising an
objection that during pendency of the proceedings before the SDO
under the provisions of Madhya Pradesh Samaj Ke Kamjor Vargon
Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron
Se Paritran Tatha Mukti Adhiniyam, 1976, hearing of the civil suit
deserves to be stayed, but the trial Court turned down the objection
of the petitioner while during pendency of the proceedings, further
proceedings in civil suit ought to have been stayed. He has placed
reliance on a decision of the Single Bench of this Court in
Ramcharan Mansha and another V. Badri Prasad Kushwaha and
others, 1991 MPLJ 721, and submitted that the impugned order may
be set aside.
        Considering the aforesaid, issue notice to the respondent

No.1.

Step within a period of three working days by RAD mode.
Notice be made returnable within four weeks.
Shri Sudesh Verma, learned Govt. Advocate, accepts notice
on behalf of respondent No.2.

Till next date of hearing further proceedings in Civil Suit
No.15-A/2009 before the District Judge, Narsinghpur between the
parties shall remain stayed.

Be listed for hearing on 10th November, 2010.
C.C. as per rules.

(Krishn Kumar Lahoti)                           (J.K. Maheshwari)
       Judge                                         Judge

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