Madhya Pradesh High Court
MCC/196/2024 of NARBAD Vs SMT. PARWATI BAI 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 DWARKA DHISH BANSAL
ON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 196 of 2024
BETWEEN:-
NARBAD S/O SHYAMLAL GOND, AGED ABOUT 48YEAR S , R/O VILLAGE BHALWARA, TEHSIL ANDDISTRICT DINDORI (MADHYA PRADESH)
(BY SHRI G.S UDDEY - ADVOCATE)
.....APPLICANT
AND
1.SMT. PARWATI BAI W/O SHIVLAL GOND, AGEDABOUT 62 YEARS, R/O VILLAGE BHALWARA,TEHSIL AND DISTRICT DINDORI (MADHYAPRADESH)ABOUT 62 YEARS, R/O VILLAGE BHALWARA,TEHSIL AND DISTRICT DINDORI (MADHYAPRADESH)
2.STATE OF M.P. THROUGH COLLECTOR, DISTRICTMAGISTRATE DINDORI (MADHYA PRADESH)MAGISTRATE DINDORI (MADHYA PRADESH)
3.SMT KAMLI BAI W/O RATTIRAM GOND, AGEDABOUT 47 YEARS, R/O VILLAGE BHALWARATEHSIL AND DISTRICT DINDORI (MADHYAPRADESH)ABOUT 47 YEARS, R/O VILLAGE BHALWARATEHSIL AND DISTRICT DINDORI (MADHYAPRADESH)
4.RAMPRASAD S/O MANGALI GOND, AGED ABOUT81 YEARS, R/O VILLAGE BHALWARA TEHSIL ANDDISTRICT DINDORI (MADHYA PRADESH)81 YEARS, R/O VILLAGE BHALWARA TEHSIL ANDDISTRICT DINDORI (MADHYA PRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
Heard on admission.
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ORDER
2. The present application has been filed for restoration of S.A.No.395/2013, which was dismissed for want of prosecution vide order dated 22.12.2023.
3. Learned counsel for the applicant submits that as per order dated22.12.2023 the amount of Rs.5,000/- has already been deposited and in supportof which he has filed receipt of Rs.5,000/-.
4. Considering the averments made in the application and looking to thefactum of filing of receipt of amount of Rs. 5,000/, deposited before the StateLegal Service Authority, Jabalpur, this Court finds sufficient cause forrestoration of the second appeal.
5. Accordingly, MCC is allowed.
6. S.A.No.395/2013 is restored to its original number.
7. A copy of this order be kept in the file of S.A.No.395/2013.
8. Pending application(s), if any, shall stand disposed off.
SN
(DWARKA DHISH BANSAL)JUDGE