Madhya Pradesh High Court
SA/691/2011 of GUMANSINGH Vs NAANLA AND 7 ORS. on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMAON THE 2[nd] OF FEBRUARY, 2024
SECOND APPEAL No. 691 of 2011
BETWEEN:-
GUMANSINGH S/O BALU BHILALA, AGED ABOUT 60Y E A R S , OCCUPATION: AGRICULTRIST, R/OAAGALLGOT, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)
(NONE FOR THE APPELLANT)
.....APPELLANT
AND
1.NAANLA AND 7 ORS. S/O ANSINGH BHILALA,AGED ABOUT 45 YEARS, R/O GRAM AKLU, TEHSILAND DISTRICT ALIRAJPUR (MADHYA PRADESH)AGED ABOUT 45 YEARS, R/O GRAM AKLU, TEHSILAND DISTRICT ALIRAJPUR (MADHYA PRADESH)
2.KEKDIYA S/O CHIMALIYA, AGED ABOUT 35YEARS, OCCUPATION: AGRICL., R/O GRAM AKLU,TEHSIL AND DISTRICT ALIRAJPUR (MADHYAPRADESH)YEARS, OCCUPATION: AGRICL., R/O GRAM AKLU,TEHSIL AND DISTRICT ALIRAJPUR (MADHYAPRADESH)
3.MANA S/O KUCHIYA, AGED ABOUT 40 YEARS, R/O AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)
4.SMT. DANI W/O LATE KUCHIYA, AGED ABOUT 40YEAR S, R / O AKLU, TEHSIL AND DISTRICTALIRAJPUR (MADHYA PRADESH)YEAR S, R / O AKLU, TEHSIL AND DISTRICTALIRAJPUR (MADHYA PRADESH)
5.PAATALIA S/O BUDHIYA , AGED ABOUT 40 YEARS,R / O AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)R / O AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)
6.INDRIYA S/O KUCHIYA, AGED ABOUT 30 YEARS,R / O AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)R / O AKLU, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)
7.SMT. NURLI W/O RUPLA, AGED ABOUT 30 YEARS,R/O AMBARI, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)R/O AMBARI, TEHSIL AND DISTRICT ALIRAJPUR(MADHYA PRADESH)
8.DISTRICT COLLECTOR, THE STATE OF MADHYAPRADESH, DISTRICT ALIRAJPUR (MADHYAPRADESH)
(R.NO.8 BY SHRI AMIT RAVAL - GOVT. ADVOCATE)
.....RESPONDENTS
This appeal coming on for admission this day, the court passed thefollowing:
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ORDER
From perusal of the earlier order sheets, it reveals that nobody markedappearance on behalf of the appellant on earlier occasions i.e. on 12/09/2019,18/10/2019 and 13/03/2020. Today also nobody appeared on behalf of theappellant.
This repeated non-appearance of the appellant for last five years issufficient to show that the appellant has lost its interest in prosecuting thissecond appeal, therefore, the second appeal is dismissed in default for want ofprosecution.
Let record of both the Courts below be sent back to the concernedCourt along with copy of this order.
Tej
(ANIL VERMA)JUDGE