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Shyamabai vs Kamlesh on 28 August, 2018


High Court of Madhya Pradesh, Jabalpur
Bench at Indore, Indore

First Appeal No.405/2017
Indore, Dated 28.08.2018
Shri Raghav Shrivastava, learned counsel for the
appellant / wife.
Shri J.B. Dave, learned counsel for the
respondent / husband.

As prayed by the learned counsel for the
appellant, IA No.4943/2017, an application for stay,
is dismissed as withdrawn.

Also heard on IA No.4944/2017, an application
under Sections 94 and 151 and Order 39 Rules 1 and 2
of the Civil Procedure Code, 1908 for stay, restraining
the respondent to sell the property.

We have already decided the prayer for grant of
maintenance pendente lite filed by the appellant, vide
IA No.4946/2017, an application under Section 24
of the Hindu Marriage Act, 1955, and therefore, no
case for grant of stay, as prayed for, is made out.

Accordingly, IA No.4944/2017 is rejected.
Also heard on IA No.4947/2017, an application
under Section 25 of the Hindu Marriage Act, 1955 for
grant of permanent alimony and maintenance.

The aforesaid interlocutory application will be
considered at the time of final hearing of the appeal.


In the meanwhile, reply, if any, be filed.
Interim relief shall continue during the pendency
of the appeal.

(P.K. Jaiswal) (S.K. Awasthi)
Judge Judge

Digitally signed by Ramesh Chandra Pithwe
Date: 2018.08.28 16:53:42 +05’30’

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