Madhya Pradesh High Court
MCC/260/2024 of BHAILAL PATEL(DEAD) THROUGH LRS GIRISHCHAND PATEL Vs UNION OF INDIA 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. 260 of 2024
BETWEEN:-
1.BHAILAL PATEL (DEAD) SON OF LATE SHRIRANCHODDAS PATEL, AGED ABOUT 92 YEARS,R/O ANUPPUR TEHSIL AND DISTRICT ANUPPUR(MP) THROUGH LRS:-RANCHODDAS PATEL, AGED ABOUT 92 YEARS,R/O ANUPPUR TEHSIL AND DISTRICT ANUPPUR(MP) THROUGH LRS:- (a) GIRISHCHAND PATEL S/O LATE SHRI BHAILALPATEL, AGED ABOUT 65 YEARS, R/O WARD NO. 9,ANUPPUR, TEHSIL AND DISTRICT ANUPPUR(MADHYA PRADESH)
(b) CHANDRAKANT PATEL S/O LATE SHRIBHAILAL PATEL, AGED ABOUT 62 YEARS, R/OWARD NO.9 ANUPPUR TEHSIL AND DISTRICTANUPPUR (MADHYA PRADESH)
(c) DINESH KUMAR PATEL S/O LATE SHRIBHAILAL PATEL, AGED ABOUT 59 YEARS, R/OWARD NO.9 ANUPPUR TEHSIL AND DISTRICTANUPPUR (MADHYA PRADESH)
(d) MEGHMALA PATEL D/O LATE SHRI BHAILALPATEL, AGED ABOUT 48 YEARS, R/O WARD NO.9ANUPPUR TEHSIL AND DISTRICT ANUPPUR(MADHYA PRADESH)
(BY SHRI HARSHIT PANDEY - ADVOCATE )
.....APPLICANTS
AND
1.UNION OF INDIA THROUGH ITS GENERALMANAGER SOUTH EASTERN RAILWAY GARDENRIZ, CALCUTTA AT PRESENT SOUTH EASTERNCENTRAL RAILWAY BILASPUR (CHHATTISGARH)MANAGER SOUTH EASTERN RAILWAY GARDENRIZ, CALCUTTA AT PRESENT SOUTH EASTERNCENTRAL RAILWAY BILASPUR (CHHATTISGARH)
2.S.E. (WORKS) SOUTH EASTERN RAILWAY ATPRESENT SOUTH EASTERN RAILWAY SHAHDOL,DISTRICT SHAHDOL (MADHYA PRADESH)PRESENT SOUTH EASTERN RAILWAY SHAHDOL,DISTRICT SHAHDOL (MADHYA PRADESH)
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 SA No.3048/18, which was dismissed for want of prosecution vide order dated 06.11.2023.
3. Considering the averments made in the application supported by anaffidavit of the applicant, this Court finds that sufficient cause is shown forrestoration of SA No.3048/18.
4. Accordingly, MCC is allowed.
5. SA No.3048/18 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 SA No.3048/18 shall remain intact.
6. The payment of cost of Rs.2000/- shall be a condition precedent for restoration of SA No.3048/18.
7. Pending application(s), if any, shall stand disposed off.
8. A copy of this order be kept in the file of SA No.3048/18.
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(DWARKA DHISH BANSAL)JUDGE