Madhya Pradesh High Court
MCC/37/2020 of JAGDISH Vs ARUN S/O GOVERDHANDAS AGRAWAL DECEASED THROUGH LRS RAMAKANT on 1 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESHON THE 1[st] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 37 of 2020
BETWEEN:-
JAGDISH S/O TARACHAND MALI, AGED ABOUT 69YEARS, OCCUPATION: PAN DUKAN JAGDAMBA PANBHANDAR, KHANDWA ROAD,INFRONT OFSHRIKRISHNA , KHARGONE (MADHYA PRADESH)
.....APPLICANT
(SHRI KAILASH SAJONIA, LEARNED COUNSEL FOR THE PETITIONER)
AND
1.ARUN S/O GOVERDHANDAS AGRAWALDECEASED THROUGH LRS RAMAKANT S/O ARUNAGRAWAL OCCUPATION: NAUKARI DEWASKOTHI, SANYOGITAGANJ, CHAWANI, INDORE(MADHYA PRADESH)DECEASED THROUGH LRS RAMAKANT S/O ARUNAGRAWAL OCCUPATION: NAUKARI DEWASKOTHI, SANYOGITAGANJ, CHAWANI, INDORE(MADHYA PRADESH)
2.UMASHANKAR @ UMESH S/O GOVERDHANDASAGRAWAL OCCUPATION: BUSINESS R/O: DEWASKOTHI SANYOGITAGANJ CHAVANI INDORE(MADHYA PRADESH)AGRAWAL OCCUPATION: BUSINESS R/O: DEWASKOTHI SANYOGITAGANJ CHAVANI INDORE(MADHYA PRADESH)
3.NAGAR PALIKA PARISHAD KHARGONE DISTKHARGONE (MADHYA PRADESH)KHARGONE (MADHYA PRADESH)
4.CHIEF NAGAR PALIKA OFFICER NAGAR PALIKAKHARGONE (MADHYA PRADESH)KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANISH AHUJA, LEARNED COUNSEL FOR THE RESPONDENT [R- 4])
This application coming on for admission this day, the court passed the
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ORDER
Heard on I.A. No.1624/2020, an application under Section 5 ofLimitation Act.
(2) For the reasons stated in the application, I.A. No.1624/2020 is allowed.The delay of 8 days in filing present MCC is condoned.
(3) The present MCC has been filed for restoration of S.A. No.249/2011,which was dismissed for non-compliance of peremptory order passed by thisCourt.
(4) For the reasons stated in the present restoration application, sufficientcause is made out to restore S.A. No.249/2011. Accordingly, S.A.No.249/2011 is restored to its original number subject to payment of cost ofRs.1000/- (Rupees One Thousand Only) to M.P. High Court Legal ServicesCommittee,Indore within seven working days from today and a receiptthereof be produced before the Registry.
Let a copy of this order be placed in the record of S.A. No. 249/2011.
N.R.
(HIRDESH)JUDGE