Madhya Pradesh High Court
MCC/1045/2023 of SMT. KUSUM SHUKLA (NOW DEAD) THROUGH LRS. ASHUTOSH SHUKLA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 1045 of 2023
BETWEEN:-
1.SMT. KUSUM SHUKLA (NOW DEAD) THROUGHLRS. ASHUTOSH SHUKLA S/O LATE ANJANI PD.SHUKLA, AGED ABOUT 58 YEARS, R/O NEARSUBASH SCHOOL VILL BICHHIYA DISTT. REWA(MADHYA PRADESH)
2.SMT. REKHA SHUKLA W/O RAJESH MISHRA D/OLATE ANJANI PD. SHUKLA R/O NEAR SUBASHSCHOOL VILL. BICHHIYA DISTRICT REWA(MADHYA PRADESH)
(BY SHRI RONHIT SINGH - ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHCOLLECTOR DISTT. REWA (MADHYA PRADESH)
2.RAJENDRA PRASAD S/O RAM PRATAP R/OVILLAGE PADOKHAR THE. HUZUR DISTRICTREWA (MADHYA PRADESH)
(BY SHRI K.V.S. RAO - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This MCC has been filed seeking restoration ofSecond Appeal No.
1200/2009 to its original number, which was dismissed for want of prosecutionvide order dated 17.4.2023.
2. Learned counsel for the applicants contends that inadvertently counselcould not appear when the case was taken up for hearing on 17.4.2023 andaccordingly the case was dismissed for want of prosecution.
3. Upon taking into consideration the contents of application forrestoration, which is supported by an affidavit of the applicant, the same isallowed. Let S.A No. 1200/2009 be restored to its original number.
4. A copy of this order be placed in the record of Second Appeal No.1200/2009.
vivek
(MANINDER S. BHATTI)JUDGE