Madhya Pradesh High Court

SA/1604/2018 of KALLO Vs IDRIS on 1 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)ON THE 1[st] OF FEBRUARY, 2024

SECOND APPEAL No. 1604 of 2018

BETWEEN:-

KALLO W/O LATE MUBARIK KHAN, AGED ABOUT 44YEARS, R/O PANDHANA DIST. KHANDWA (MADHYAPRADESH)

(NONE )

.....APPELLANT

AND

1.IDRIS S/O SUBHANKHAN, AGED ABOUT 48YEARS, R/O PANDHANA, TAHSIL PANDHANAYEARS, R/O PANDHANA, TAHSIL PANDHANA

DIST. KHANDWA (MADHYA PRADESH)

2.ADIL S/O SUBHAN KHAN, AGED ABOUT 52 YEARS,R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)

3.JAVED S/O MUBARIK, AGED ABOUT 28 YEARS,R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)

4.WAHEED S/O MUBARIK, AGED ABOUT 23 YEARS,R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)R / O PANDHANA TEHSIL PANDHANA, DISTRICTKHANDWA (MADHYA PRADESH)

5.GOLU S/O MUBARIK, AGED ABOUT 21 YEARS, R/O PAN D HAN A T E H S I L PANDHANA, DISTRICTKHADWA (MADHYA PRADESH)PAN D HAN A T E H S I L PANDHANA, DISTRICTKHADWA (MADHYA PRADESH)

6.RUBINA D/O MUBARIK KHAN, AGED ABOUT 27YEARS, R/O PANDHANA TEHSIL PANDHANA,DISTRICT KHANDWA (MADHYA PRADESH)YEARS, R/O PANDHANA TEHSIL PANDHANA,DISTRICT KHANDWA (MADHYA PRADESH)

7.MUNNI D/O KURBAN, AGED ABOUT 37 YEARS,PAN D H AN A T E H S I L PANDHANA DISTRICTKHANDWA (MADHYA PRADESH)PAN D H AN A T E H S I L PANDHANA DISTRICTKHANDWA (MADHYA PRADESH)

8.KURBAN KHAN S/O GULTAJ KHAN, AGED ABOUT67 YEARS, R/O PANDHANA TEHSIL PANDHANA,DISTRICT KHANDWA (MADHYA PRADESH)

9.STATE OF MP THROUGH COLLECTOR KHANDWA(MADHYA PRADESH)

.....RESPONDENTS

(SHRI PRAMOD GOUTAM - PANEL LAWYER FOR RESPONDENT NO.9 )

This appeal coming on for orders this day, th e court passed thefollowing:

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ORDER

Case is listed today for consideration on IA No. 8178/2018, which is anapplication filed under Section 5 of Limitation Act for condonation of delay of250 days in filing the present appeal.

No one is present for the appellant even in the pass over round to pressthis application.

Accordingly, IA No. 8178/2018 stands dismissed for want ofprosecution. Hence, present second appeal stands dismissed as time barred.

Let records of the trial Court as well as First Appellate Court be sentback to the courts concerned alongwith copy of this order.

skt

(AMAR NATH (KESHARWANI))JUDGE

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