Madhya Pradesh High Court

MCC/3144/2023 of BHAGWAN DAS KUSHWAHA Vs SMT. SHEELA W/O SHRI BHAGWAN DAS KUSHWAHA on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE SHEEL NAGU

&

HON'BLE SHRI JUSTICE VINAY SARAFON THE 2[nd] OF FEBRUARY, 2024MISC. CIVIL CASE No. 3144 of 2023

BETWEEN:-

BHAGWAN DAS KUSHWAHA S/O SHRI KISHORI LALKUSHWAHA, AGED ABOUT 28 YEARS, OCCUPATION:FARMER VILLAGE VINDPURA WARD NO.14PRITHVIPUR POLICE STATION AND TEHSIL-PRITHVIPUR, DISTRICT NIWADI (MADHYA PRADESH).

(BY SHRI ASHOK KUMAR TIWARI - ADVOCATE)

.....APPLICANT

AND

SMT. SHEELA W/O SHRI BHAGWAN DAS KUSHWAHAD/O SHRI HARDAYAL KUSHWAHA, AGED ABOUT 25YEARS, VILLAGE NEEMKHERA POLICE STATION ANDDISTRICT NIWADI (MADHYA PRADESH).

(NONE)

.....RESPONDENT

This application coming on for admission this day, Justice Sheel Nagupassed the following:

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ORDER

This MCC has been preferred for restoration of First AppealNo.2185/2023, which was dismissed on 12.12.2023 for non compliance ofperemptory order dated 20.11.2023.

2. In view of averments made in the application, which is duly supported by affidavit of applicant, prayer for restoration of First Appeal No.2185/2023 ishereby accepted.

3. Looking to the nature of default, subject to payment of cost ofRs.1000/- (Rupees One Thousand Only) to be deposited with M.P. HighCourt Legal Services Committee, Jabalpur within a period of 15 days fromtoday, First Appeal No.2185/2023 is restored to its original number for beingadjudicated on its own merits.

4. Accordingly, MCC stands allowed.

5. A copy of this order be placed in the record of First AppealNo.2185/2023.

(SHEEL NAGU)JUDGEYS

(VINAY SARAF)JUDGE

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