Madhya Pradesh High Court

MCC/2059/2023 of GANESHI BAI Vs M/S KHITAULI ENGINEERING on 13 December 2025

COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL

ON THE 15th OF SEPTEMBER, 2023

MISC. CIVIL CASE No. 2059 of 2023

BETWEEN:-

1.

GANESHI BAI W/O LATE SHRI RAKESH KUMAR

SINGH, R/O SHOPPING CENTER MAIN ROAD

MANTHAR POST BIRSINGPUR DISTRICT UMARIA

(MADHYA PRADESH)

2.

GAUTAM SINGH S/O GANESHI BAI OCCUPATION:

MINOR THROUGH THEIR GUARDIAN MOTHER

SMT. GANESHI BAI R/O SHOPPING CENTER MAIN

ROAD MANTHAR POST BIRSHINGPUR DISTRICT

(MADHYA PRADESH)

3.

VIKRAM SINGH S/O GANESHI BAI OCCUPATION:

MINOR THROUGH THEIR GUARDIAN MOTHER

SMT. GANESHI BAI R/O SHOPPING CENTER MAIN

ROAD MANTHAR POST BIRSHINGPUR DISTRICT

(MADHYA PRADESH)

4.

ARATI SINGH D/O GANESHI BAI OCCUPATION:

MINOR THROUGH THEIR GUARDIAN MOTHER

SMT. GANESHI BAI R/O SHOPPING CENTER MAIN

ROAD MANTHAR POST BIRSHINGPUR DISTRICT

(MADHYA PRADESH)

.....APPLICANTS

(BY SHRI SOMESH SHUKLA - ADVOCATE)

AND

1.

M/S

KHITAULI

ENGINEERING

UMARIA

R/O

SANJAY

GANDHI

TAP

CENTRE

BIRSINGHPURHOUSE

NO.

S.P.O. MANTHAR

BIRSINGHPUR

DISTRICT

UMARIA

(MADHYA

PRADESH)

2.

M.P.E.B THROUGH EXECUTIVE ENGINEER (TED)

SANJAYGANDHI

TAP

CENTER

BIRSINGHPUR

DISTRICT (MADHYA PRADESH)

BAGJILEWALE

Page 1 of 2

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

ORDER

Heard on I.A.No.14173/2023, which is an application under Section 5 of the Limitation Act for condonation of delay. Registry has pointed out that this M.C.C is barred by 3241 days. For the reasons mentioned in the application, which is supported by the affidavit of Clerk of the counsel, there is sufficient cause for condoning the delay in filing of the M.C.C. As such, delay in filing the M.C.C. is hereby condoned and I.A.No.14173/2023 is allowed/closed. Heard on the main application. T h e present application has been filed for restoration of M.A.No.2953/2006, which was dismissed due to non compliance of peremptory order dated 06/08/2014, as default has not been removed. Considering the averments made in the application, this Court finds that sufficient cause is shown for restoration of the misc. appeal. Accordingly, MCC is allowed. M.A.No.2953/2006 is restored to its original number. Counsel for the applicants is also directed to remove the default, if any, within a further period of 15 working days, failing which, the order of dismissal of M.A.No.2953/2006 shall remain intact. However, it is made clear that the applicants/appellants shall not be entitled for any interest for the period taken in restoration of the misc. appeal. Interim application(s), if any, shall stand disposed off. A copy of this order be kept in the file of M.A.No.2953/2006.

BAGJILEWALE

(DWARKA DHISH BANSAL) JUDGE pb

BAGJILEWALE

Page 2 of 2

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