Madhya Pradesh High Court
MCC/231/2024 of SMT. MUSTARI BEGUM Vs SHAMEEM KHAN on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSALON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 231 of 2024
BETWEEN:-
1.SMT. MUSTARI BEGUM W/O LATE NAZEERAHMED, AGED ABOUT 56 YEARS, R/O DR.AMBEDKAR WARD, OPPOSITE ALI PAINTER,PADAV, MANDLA, TEHSIL AND DISTRICTMANDLA (MADHYA PRADESH)AHMED, AGED ABOUT 56 YEARS, R/O DR.AMBEDKAR WARD, OPPOSITE ALI PAINTER,PADAV, MANDLA, TEHSIL AND DISTRICTMANDLA (MADHYA PRADESH)
2.AZAZ AHMED S/O LATE NAZEER AHMED, AGEDABOUT 30 YEARS, R/O DR. AMBEDKAR WARD,OPP. ALI PAINTER PADAV, MANDLA TAHSIL ANDDISTRICT MANDLA (MADHYA PRADESH)ABOUT 30 YEARS, R/O DR. AMBEDKAR WARD,OPP. ALI PAINTER PADAV, MANDLA TAHSIL ANDDISTRICT MANDLA (MADHYA PRADESH)
3.AFAZ AHMED S/O LATE NAZEER AHMED, AGEDABOUT 30 YEARS, R/O DR. AMBEDKAR WARD,OPP. ALI PAINTER PADAV, MANDLA TAHSIL ANDDISTRICT MANDLA (MADHYA PRADESH)ABOUT 30 YEARS, R/O DR. AMBEDKAR WARD,OPP. ALI PAINTER PADAV, MANDLA TAHSIL ANDDISTRICT MANDLA (MADHYA PRADESH)
(BY SHRI MANOJ SANGHI - ADVOCATE )
.....APPLICANTS
AND
1.SHAMEEM KHAN W/O LATE NAZEER AHMED,AGED ABOUT 46 YEARS, R/O WARD NO. 9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TEHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)AGED ABOUT 46 YEARS, R/O WARD NO. 9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TEHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
2.QAMAR AFREEN S/O LATE NAZEER AHMED,AGED ABOUT 25 YEARS, R/O WARD NO.9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)AGED ABOUT 25 YEARS, R/O WARD NO.9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
3.KU. JEENAT AARA S/O LATE NAZEER AHMED,AGED ABOUT 23 YEARS, R/O WARD NO.9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)AGED ABOUT 23 YEARS, R/O WARD NO.9, LOHARGALI, BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
4.KU. NIKHAT S/O LATE NAZEER AHMED, AGEDABOUT 21 YEARS, R/O WARD NO.9, LOHAR GALI,ABOUT 21 YEARS, R/O WARD NO.9, LOHAR GALI, BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
5.KU. KHUSHI D/O NOT MENTION, AGED ABOUT 15YEARS, MINOR THROUGH NATURAL GUARDIANMOTHER SMT. SHAMEEM KHAN AGED ABOUT 46YEARS, WIFE OF LATE NAZEER AHMED R/OWARD NO.9, LOHAR GALI, BAIHAR ROAD,BALAGHAT, TAHSIL AND DISTRICT BALAGHAT(MADHYA PRADESH)YEARS, MINOR THROUGH NATURAL GUARDIANMOTHER SMT. SHAMEEM KHAN AGED ABOUT 46YEARS, WIFE OF LATE NAZEER AHMED R/OWARD NO.9, LOHAR GALI, BAIHAR ROAD,BALAGHAT, TAHSIL AND DISTRICT BALAGHAT(MADHYA PRADESH)
6.BRANCH MANAGER, STATE BANK OF INDIABRANCH CHOURAI, DISTRICT CHHINDWARA(MADHYA PRADESH)BRANCH CHOURAI, DISTRICT CHHINDWARA(MADHYA PRADESH)
7.SMT. HAMEEDA QURESHI (SINCE DEAD)THROUGH LRS:-7(A) JAMEEN QURESHI S/O NOOR MOHAMMAD,AGED ABOUT 54 YEARS, R/O LOHAR GALI,BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)THROUGH LRS:-7(A) JAMEEN QURESHI S/O NOOR MOHAMMAD,AGED ABOUT 54 YEARS, R/O LOHAR GALI,BAIHAR ROAD, BALAGHAT, TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
8.PARJAN NASREEN W/O LATE NAZEER AHMED,AGED ABOUT 51 YEARS, R/O SHANTI NAGAR,BAIHAR ROAD, BALAGHAT TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)AGED ABOUT 51 YEARS, R/O SHANTI NAGAR,BAIHAR ROAD, BALAGHAT TAHSIL ANDDISTRICT BALAGHAT (MADHYA PRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on the question of admission.
2. The present application has been filed for restoration of CR No.414/22,which was dismissed for want of prosecution vide order dated 05.01.2024.
3. Considering the averments made in the application supported by anaffidavit of counsel for the applicants, this Court finds that sufficient cause isshown for restoration of CR No.414/22.
4. Accordingly, MCC is allowed.
5. CR No.414/22 is restored to its original number subject to payment of cost
of Rs 2,000/- (Two thousand only) which shall be paid to the M.P. High CourtBar Association, Jabalpur within a period of seven days, failing which, the orderof dismissal of CR No.414/22 shall remain intact.
6. The payment of cost of Rs.2000/- shall be a condition precedent forrestoration of CR No.414/22.restoration of CR No.414/22.
7. Pending application(s), if any, shall stand disposed off.
8. A copy of this order be kept in the file of CR No.414/22.
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(DWARKA DHISH BANSAL)JUDGE