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Judgment
Vijay Kumar Shukla, J
Petitioner is challenging the order passed by Tehsildar as well as dismissal of appeal by the SDO whereby the application filed under section 250 of MPLRC by the respondent No.4 has been allowed and appeal filed by the petitioner has been dismissed.
Counsel for the petitioner argued that the order under section 250 MPLRC has been passed without making an enquiry as envisaged under section 250 of the MPLRC.
Counsel for the respondent argued that present petition has been filed without resorting to the remedy of further appeal under Section 44(2) of the MPLRC.
Counsel for the petitioner submits that he may be given time to file an appeal along with application for stay before the second appellate authority, however till then the interim protection may be granted.
Considering the aforesaid submission, the present petition is disposed off with liberty to the petitioner to file an appeal within a period of 10 days from today along with application for stay in accordance with law. If such an appeal is filed within the aforesaid period the same shall be decided in accordance with law.
Till the Appeal is filed along with stay application and stay application is considered by the second appellate authority, the petitioner shall not be dispossessed from the property in question in pursuant to the impugned order. However, it is made clear that if the appeal is not preferred within 10 days, the interim protection granted by this court shall automatically come to an end.