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pujols20 (Techie)     02 September 2011

Dv quash query

There is a False DVC  case against Husband and 5 other respondents. Out of these 6 respondents, Resp 5 and Resp 6 are not part of Husband family. So planning for quash in AP HC for Resp 5 and 6.

Question :
1. Usually interim stay is granted along with Stay on further proceedings, so normally Resp 5 and Resp 6 are given exemption on personal appearance in Lower Court/Trail court during the Stay duration . However since stay is on further proceedings, theoretically nothing would be running in Lower court/Trial court. Even for Resp 1 to Resp 4 going to Lower Court/Trial is meaning less during this Stay duration. So is it possible to get personal appearance exemption for Resp 1 to Resp 4 also during the time of interim stay ( by adding in quash petition prayer etc) while filing for quash petition for Resp 5 and Resp 6 ?


 1 Replies

Tajobsindia (Senior Partner )     11 September 2011

@ Author ,

Showing valid grounds /  material records for "material consideration" and pleadge to abide by terms of exemption for personal appearance as when interim stay of whole case is there in interim proceedings then it is meaning less for R1 - R 4 to appear and anyhow on merits R5 - R6 discharge will happen before Hon'ble HC you 4 are not seeking discharge indirectly I suppose by becoming necessary party to them so it is matter of consideration on merits

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