Madhya Pradesh High Court

SA/120/2007 of RAMCHANDAR Vs BITTHALDAS THR. LR. SHASHIKANT on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE ANIL VERMAON THE 2[nd] OF FEBRUARY, 2024

SECOND APPEAL No. 120 of 2007

BETWEEN:-

1.RAMCHANDAR S/O LATE SHRI GORDHANLAL,AGED ABOUT 48 YEARS, OCCUPATION:KASTKARI, R/O VILLAGE SILPATI BARWAL, ATPRESENT DHANMANDI, BIAORA PARGANABIAORA, DISTT. RAJGARH (MADHYA PRADESH)AGED ABOUT 48 YEARS, OCCUPATION:KASTKARI, R/O VILLAGE SILPATI BARWAL, ATPRESENT DHANMANDI, BIAORA PARGANABIAORA, DISTT. RAJGARH (MADHYA PRADESH)

2.SMT. PREMLATA D/O GORDHANLAL W/ORAMCHANDRA, AGED ABOUT 53 YEARS,OCCUPATION: HOUSEHOLD, R/O NEAR KHADEHANUMAN MANDIR, BIAORA, DISTT. RAJGARH(MADHYA PRADESH)RAMCHANDRA, AGED ABOUT 53 YEARS,OCCUPATION: HOUSEHOLD, R/O NEAR KHADEHANUMAN MANDIR, BIAORA, DISTT. RAJGARH(MADHYA PRADESH)

3.JAMNAPRASAD S/O GORDHAN, AGED ABOUT 51YEAR S , OCCUPATION: GOVT. SERVANT, R/ONARSINGHGARH (TEACHER COLONY), PARGANANARSINGHGARH, DISTT. RAJGARH (MADHYAPRADESH)YEAR S , OCCUPATION: GOVT. SERVANT, R/ONARSINGHGARH (TEACHER COLONY), PARGANANARSINGHGARH, DISTT. RAJGARH (MADHYAPRADESH)

(NONE FOR THE APPELLANTS)

.....APPELLANTS

AND

1A.BITTHALDAS THR. LR. SHASHIKANT WD/O LATESHRI BITTHALDAS SHARMA, AGED ABOUT 50YEARS, R/O ANJANI MANDIR ROAD, BIAORA,DISTT. RAJGARH (MADHYA PRADESH)SHRI BITTHALDAS SHARMA, AGED ABOUT 50YEARS, R/O ANJANI MANDIR ROAD, BIAORA,DISTT. RAJGARH (MADHYA PRADESH)

1B.GOPAL SHARMA S/O LATE BITTHALDASSHARMA, AGED ABOUT 42 YEARS, ANJANI R/OANJANI MANDIR ROAD, BIAORA, DISTT.RAJGARH (MADHYA PRADESH)SHARMA, AGED ABOUT 42 YEARS, ANJANI R/OANJANI MANDIR ROAD, BIAORA, DISTT.RAJGARH (MADHYA PRADESH)

1C.DHARMENDRA S/O LATE SHRI BITTHALDASSHARMA, AGED ABOUT 35 YEARS, R/O ANJANIMANDIR ROAD, BIAORA, DISTT. RAJGARH(MADHYA PRADESH)SHARMA, AGED ABOUT 35 YEARS, R/O ANJANIMANDIR ROAD, BIAORA, DISTT. RAJGARH(MADHYA PRADESH)

1D.DEVENDRA S/O LATE BITTHALDAS SHARMA,AGED ABOUT 32 YEARS, R/O ANJANI MANDIRROAD, BIAORA, DISTT. RAJGARH (MADHYAPRADESH)AGED ABOUT 32 YEARS, R/O ANJANI MANDIRROAD, BIAORA, DISTT. RAJGARH (MADHYAPRADESH)

1E.SHAILENDRA S/O BITTHALDAS SHARMA, AGEDABOUT 30 YEARS, R/O ANJANI MANDIR ROAD,BIAORA, DISTT. RAJGARH (MADHYA PRADESH)ABOUT 30 YEARS, R/O ANJANI MANDIR ROAD,BIAORA, DISTT. RAJGARH (MADHYA PRADESH)

1F.RAGHVENDRA S/O BITTHALDAS SHARMA, AGEDABOUT 29 YEARS, R/O ANJANI MANDIR ROAD,BIAORA, DISTT. RAJGARH (MADHYA PRADESH)ABOUT 29 YEARS, R/O ANJANI MANDIR ROAD,BIAORA, DISTT. RAJGARH (MADHYA PRADESH)

2.KAMLABAI W/O BADRIPRASAD, AGED ABOUT 73YEARS, NEAR BIHARI MANDIR, BIAORA DISTT.RAJGARH (MADHYA PRADESH)YEARS, NEAR BIHARI MANDIR, BIAORA DISTT.RAJGARH (MADHYA PRADESH)

3A.SHANTIBAI (DECEASED) THROUGH LR GOPAL S/ODHOOLJI, R/O JAIL ROAD, RAJGARH DISTT.RAJGARH (MADHYA PRADESH)DHOOLJI, R/O JAIL ROAD, RAJGARH DISTT.RAJGARH (MADHYA PRADESH)

SHANTIBAI (DECEASED) THROUGH LR SMT.3B.GIRIJABAI W/O JUGALKISHORE JOSHI, R/O NEARPARAYAN CHOWK, RAJGARH DISTT. RAJGARH(MADHYA PRADESH)PARAYAN CHOWK, RAJGARH DISTT. RAJGARH(MADHYA PRADESH)

SHANTIBAI (DECEASED) THROUGH LR INDIRABAI W/O GIRISH R/O PACHORE, RAJGARH DISTT.3C.RAJGARH (MADHYA PRADESH)

4.KAILASHIBAI W/O KALYANJI, AGED ABOUT 58YEARS, OCCUPATION: HOUSE HOLD JHALAWAR(RAJASTHAN)YEARS, OCCUPATION: HOUSE HOLD JHALAWAR(RAJASTHAN)

5.KASHIBAI W/O KAMLASHANKAR, AGED ABOUT52 YEARS, OCCUPATION: HOUSEHOLD, R/OBICHLIRAVLA, MACHALPUR, DISTRICTRAJGARH (MADHYA PRADESH)52 YEARS, OCCUPATION: HOUSEHOLD, R/OBICHLIRAVLA, MACHALPUR, DISTRICTRAJGARH (MADHYA PRADESH)

6A.GEETABAI (DECEASED) THROUGH LR SMT.SUSHILA UPADHAYAYA W/O SUMITI PRAKASHUPADHYAYA, AGED 59 YEARS, R/O ARYA SAMAJCHOWK, BIAORA, DISTRICT RAJGARH (MADHYAPRADESH)GEETABAI (DECEASED) THROUGH LR SATYENSUSHILA UPADHAYAYA W/O SUMITI PRAKASHUPADHYAYA, AGED 59 YEARS, R/O ARYA SAMAJCHOWK, BIAORA, DISTRICT RAJGARH (MADHYAPRADESH)GEETABAI (DECEASED) THROUGH LR SATYEN6B.TIWARI S/O LATE SHRI PURSHOTTAM TIWARI,AGED 57 YEARS, R/O SHAHID COLONY, NEARKELA MATA TEMPLE, BIAORA, DISTRICRAJGARH (MADHYA PRADESH)AGED 57 YEARS, R/O SHAHID COLONY, NEARKELA MATA TEMPLE, BIAORA, DISTRICRAJGARH (MADHYA PRADESH)

3GEETABAI (DECEASED) THROUGH LR DR.MAHESH KUMAR TIWARI S/O LATE SHRI6C.PURSHOTTAM TIWARI, AGED 55 YEARS, R/O A-38,PATEL NAGAR, RAISEN ROAD, BHOPAL (MADHYAPRADESH)

7.STATE OF MP THROUGH COLLECTOR RAJGARH(MADHYA PRADESH)

8.NAYAB TEHSILDAR, CIRCLE SUTHALIYA, DISTT.-RAJGARH (MADHYA PRADESH)RAJGARH (MADHYA PRADESH)

9.SUB DIVISIONAL OFFICER, BIAORA DISTT.RAJGARH (MADHYA PRADESH)RAJGARH (MADHYA PRADESH)

10.TOWN INSPECTOR, BIAORA, DIST. RAJGARH(MADHYA PRADESH)

.....RESPONDENTS

(SHRI AMIT RAVAL - GOVT. ADVOCATE FOR THE RESPONDENTS NO.7

TO 10 / STATE)

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

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ORDER

From perusal of the earlier order sheets, it reveals that nobody hasmarked appearance on behalf of the appellants on earlier occasions i.e. on03/09/2019, 16/09/2019, 15/10/2019, 04/02/2020 and 13/03/2020. Today alsonobody appeared on behalf of the appellants.

It is apparent that for last five years, nobody is appearing on behalf of theappellants. On 03/09/2019 this Court had directed the appellant to make defaultgood within stipulated period else the appeal was directed to be dismissedwithout reference to the Court.

Despite specific direction, order dated 03/09/2019 has not been compliedwith for last five years. The repeated non-appearance of the appellants issufficient to show that appellants have lost their interest in prosecuting thissecond appeal.

Therefore, the second appeal is dismissed in default for want ofprosecution.

Let record of both the Courts below be returned to the concerned Courtsbelow along with copy of this order.

Tej

(ANIL VERMA)JUDGE

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