High CourtsSingle Bench(2019) 03 MP CK 0194

Smt. Asha Tripathi vs Smt. Savitri Devi And Others

Madhya Pradesh High Court · Decided on 4 March 2019

HON’BLE JUDGES
Rohit Arya, J
RESULT
Allowed
CASE NUMBER
Second Appeal No. 2639 Of 2018

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Judgment

11 paragraphs · 255 words

Heard on IA No.1388/2020, an application for vacating stay.

Despite service of IA No.1388/2020, the appellant has not filed the reply.

It is submitted that the appellant's daughters are chasing the old mother against her half share by virtue of confirming judgment and decree.

Learned counsel for the respondent submits that as a matter of fact the appellant with ulterior motive have so far avoided to file reply to achieve collateral purpose that the respondent/plaintiff who is 78 years of old is not able to reap the fruits of confirming decree of the Courts below whereunder she has been held to be entitled for 1/2 share of the suit property left behind by her husband.

Learned counsel for the appellant prays for further two weeks time to file reply.

Learned counsel for respondent opposes the application with submission that in the past also considerable long period has been granted but reply has not been filed.

This Court also tried to mediate the dispute between the daughter and mother on the question of apportionment of shares in the property left behind by father of the appellant and husband of the respondent.

At this stage both counsel, though agreed for apportionment of 1/3rd share each between the appellant and respondent but thereafter reiterate the aforesaid facts and again prayed for time filing a reply.

In view of the aforesaid, though time to file reply is granted, however no further continuation of the interim order.

Interim order passed on 20.02.2019 is hereby vacated.

IA stands allowed and closed.