Madhya Pradesh High Court

MCC/194/2024 of MANOJ KUMAR TIWARI Vs SMT. SANGEETA SINGH on 14 December 2024

COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DWARKA DHISH BANSALON THE 25[th] OF JANUARY, 2024

MISC. CIVIL CASE No. 194 of 2024

BETWEEN:-

1.MANOJ KUMAR TIWARI S/O MADHAV PRASADTIWARI, AGED ABOUT 50 YEARS, OCCUPATION:OWNER R/O VILLAGE MAJHIYAR, POST GAJAN,POLICE STATION RAMPUR BAGHELAN ,DISTRICT SATNA (MADHYA PRADESH)TIWARI, AGED ABOUT 50 YEARS, OCCUPATION:OWNER R/O VILLAGE MAJHIYAR, POST GAJAN,POLICE STATION RAMPUR BAGHELAN ,DISTRICT SATNA (MADHYA PRADESH)

2.KAMLESH SAKET (HARIJAN) S/O SAMPAT SAKET,AGED ABOUT 44 YEARS, OCCUPATION: LABOUR(DRIVER) R/O VILLAGLE MAJHIYAR, POSTGAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)AGED ABOUT 44 YEARS, OCCUPATION: LABOUR(DRIVER) R/O VILLAGLE MAJHIYAR, POSTGAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)

(BY SHRI VIKAS MISHRA - ADVOCATE)

.....APPLICANTS

AND

1.SMT. SANGEETA SINGH W/O LATE BHAIYANSINGH, AGED ABOUT 28 YEARS, R/O VILLAGEMAJHIYAR, POST GAJAN, POLICE STATIONRAMPUR BAGHELAN, DISTRICT SATNA (MADHYAPRADESH)SINGH, AGED ABOUT 28 YEARS, R/O VILLAGEMAJHIYAR, POST GAJAN, POLICE STATIONRAMPUR BAGHELAN, DISTRICT SATNA (MADHYAPRADESH)

2.KU. ISHU SINGH D/O LATE BHAIYAN SINGH, AGEDABOUT 10 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)ABOUT 10 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)

3.KU. RISHI SINGH D/O LATE BHAIYAN SINGH,AGED ABOUT 8 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)AGED ABOUT 8 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)

4.KU. MANSI SINGH D/O LATE BHAIYAN SINGH,AGED ABOUT 6 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)AGED ABOUT 6 YEARS, R/O VILLAGLE MAJHIYAR,POST GAJAN, P.S. RAMPUR BAGHELAN, DISTRICTSATNA (MADHYA PRADESH)

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5.DURGESH PRATAP SINGH S/O LATE BHAIYANSINGH, AGED ABOUT 3 YEARS, R/O VILLAGLEMAJHIYAR, POST GAJAN, P.S. RAMPURBAGHELAN, DISTRICT SATNA (MADHYAPRADESH)SINGH, AGED ABOUT 3 YEARS, R/O VILLAGLEMAJHIYAR, POST GAJAN, P.S. RAMPURBAGHELAN, DISTRICT SATNA (MADHYAPRADESH)

6.SMT. JHALLI SINGH W/O LATE RAMAVTARSINGH, AGED ABOUT 60 YEARS, R/O VILLAGLEMAJHIYAR, POST GAJAN, P.S. RAMPURBAGHELAN, DISTRICT SATNA (MADHYAPRADESH)SINGH, AGED ABOUT 60 YEARS, R/O VILLAGLEMAJHIYAR, POST GAJAN, P.S. RAMPURBAGHELAN, DISTRICT SATNA (MADHYAPRADESH)

7.CHOLA MANDLAM MS GENERAL INSURANCECOMPANY LTD. DARE HOUSE, 2ND FLOOR, NEWNUMBER 2 (OLD NO. 234) NSC BOSE ROAD,CHENNAI (TAMIL NADU)COMPANY LTD. DARE HOUSE, 2ND FLOOR, NEWNUMBER 2 (OLD NO. 234) NSC BOSE ROAD,CHENNAI (TAMIL NADU)

.....RESPONDENTS

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

ORDER

Heard on I.A.No.1150/2024, which is an application under Section 5 of the Limitation Act for condonation of delay.

2. Registry has pointed out that this M.C.C is barred by 84 days.

3. For the reasons mentioned in the application, there is sufficient cause for condoning the delay in filing of the M.C.C. As such delay in filing theM.C.C. is hereby condoned and I.A.No.1150/2024 is allowed.

4. Also heard on the main application.

5 . T h e present petition has been filed for restoration of M.A.

No.2119/2022, which was dismissed for non-compliance of commonconditional order dtd. 14.08.2023.

6. Considering the averments made in the application, this Court findsthat sufficient cause is shown for restoration of the misc. appeal.

7. For the reasons mentioned in the application, which is supported by an affidavit of counsel for the applicant, the MCC is allowed and disposed off.

8. M.A. No.2119/2022 is restored to its original number subject to payment of cost of Rs.1,000/- (Rupees one thousand only) within 7 workingdays payable to the State Legal Service Authority, Jabalpur, failing which theorder of dismissal of misc. appeal shall remain intact.

9. The payment of cost of Rs.1,000/- shall be a condition precedent forrestoration of M.A. No.2119/2022.

10. Interim application(s), if any, shall stand disposed off.

11. A copy of this order be kept in the file of M.A. No.2119/2022.

ss

(DWARKA DHISH BANSAL)JUDGE

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