Madhya Pradesh High Court
MCC/161/2024 of PRAMOD JADIA Vs VIJAY JADIA 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 BANSALON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 161 of 2024
BETWEEN:-
PRAMOD JADIA S/O LATE P.L. JADIA, AGED ABOUT 66YEARS, OCCUPATION: BUSINESS R/O JADIA HOUSE,OPPOSITE OF MAHENDRA BHAWAN, DHAM MOHALLA,PANNA, PRESENT ADDRESS OSWAL ORNET, 706A/1,JAISAL PARK, OPPOSITE OF JAIN TEMPLE,BHAYENDER EAST, THANE (MAHARASHTRA)
(BY SHRI AJAY KUMAR SHUKLA - ADVOCATE)
.....APPLICANT
AND
1.VIJAY JADIA S/O LATE SHANKAR PRASAD JADIAR/O JADIA HOUSE, OPPOSITE OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)R/O JADIA HOUSE, OPPOSITE OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)
2.SANJAY JADIA S/O LATE SHANKAR PRASADJADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)JADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)
3.BRAJESH JADIA S/O LATE KAUSHAL PRASADJADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)JADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)
4.SURESH JADIA S/O LATE KAUSHAL PRASADJADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)JADIA R/O JAIDA HOUSE, OPP. OF MAHENDRABHAWAN, DHAM MOHALLA, PANNA (MADHYAPRADESH)
5.ARUN JADIA S/O LATE HARI PRASAD JADIA R/OJAIDA HOUSE, OPP. OF MAHENDRA BHAWAN,DHAM MOHALLA, PANNA (MADHYA PRADESH)JAIDA HOUSE, OPP. OF MAHENDRA BHAWAN,DHAM MOHALLA, PANNA (MADHYA PRADESH)
6.VINOD JADIA S/O LATE HARI PRASAD JADIA R/OJAIDA HOUSE, OPP. OF MAHENDRA BHAWAN,JAIDA HOUSE, OPP. OF MAHENDRA BHAWAN, DHAM MOHALLA, PANNA (MADHYA PRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on the question of admission.
2. The present application has been filed for restoration of MP No.5753/23,which was dismissed for want of prosecution vide order dated 03.01.2024.
3. Considering the averments made in the application supported by anaffidavit of the counsel for the applicant, this Court finds that sufficient cause isshown for restoration of MP No.5753/23.
4. Accordingly, MCC is allowed.
5. MP No.5753/23 is restored to its original number subject to payment of costof Rs 2,000/- (Two thousand only) which shall be paid to the M.P. High CourtBar Association, Jabalpur within a period of seven days, failing which, the orderof dismissal of MP No.5753/23 shall remain intact.
6. The payment of cost of Rs.2000/- shall be a condition precedent forrestoration of MP No.5753/23.restoration of MP No.5753/23.
7. Pending application(s), if any, shall stand disposed off.
8. A copy of this order be kept in the file of MP No.5753/23.
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(DWARKA DHISH BANSAL)
JUDGE