Madhya Pradesh High Court
MCC/1509/2023 of PRAMOD KUMAR Vs MAHESH KUMRA on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEYON THE 2[nd] OF FEBRUARY, 2024
MISCELLANEOUS CIVIL CASE No. 1509 of 2023
BETWEEN:-
PRAMOD KUMAR S/O SHRI SHIVDAYAL TIWARI, AGEDABOUT 46 YEARS, OCCUPATION: AGRICULTURE R/OVILLAGE PAMARIA TEHSIL AND DISTRICT VIDISHA(MADHYA PRADESH)
(BY SHRI YASH SHARMA- ADVOCATE )
.....APPLICANT
AND
1.MAHESH KUMAR S/O SHRI HEERA LAL SHARMA,AGED ABOUT 56 YEARS, AGED ABOUT 56 YEARS,
2.OM PRAKASH S/O SHRI HEERA LAL SHARMA,AGED ABOUT 49 YEARS, AGED ABOUT 49 YEARS,
3.SUBHASH S/O SHRI HEERA LAL SHARMA, AGEDABOUT 45 YEARS, ABOUT 45 YEARS,
4.KRISHNA BIHARI S/O SHRI HEERA LAL SHARMA,AGED ABOUT 55 YEARS,AGED ABOUT 55 YEARS,
5.SURESH S/O SHRI HEERA LAL SHARMA, AGEDABOUT 39 YEARS, ABOUT 39 YEARS,
6.ASHA SHUKLA D/O SHRI HEERA LAL SHARMAAGED- 42 YEARS AGED- 42 YEARS
7.RANI TIWARI D/O SHRI HEERA LAL SHARMA,AGED ABOUT 37 YEARS, ALL R/O VILLAGE DEV KHAJOORI, TEHSIL ANDDISTRICT VIDISHA (MADHYA PRADESH)AGED ABOUT 37 YEARS, ALL R/O VILLAGE DEV KHAJOORI, TEHSIL ANDDISTRICT VIDISHA (MADHYA PRADESH)
8.STATE OF MADHYA PRADESH THROUGHCOLLECTOR, DISTRICT VIDISHA (MADHYAPRADESH)COLLECTOR, DISTRICT VIDISHA (MADHYAPRADESH)
.....RESPONDENTS
(BY SHRI S.N.SETH- ADVOCATE FOR THE RESPONDENTS NO.2 TO 7)
This application coming on for hearing this day, the court passed thefollowing:
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ORDER
Heard on I.A. No.4146/2023, an application under Section 5 ofLimitation Act for condonation of delay.
For the reasons stated in the application, the same is allowed and delay ishereby condoned.
This is an application for restoration of S.A.No.661/2004, which stooddismissed for want of prosecution order dated 02/05/2023.
The application is vehemently opposed by the counsel for therespondents. It is submitted that several SPC were issued against the appellant.
For the reasons assigned in the application, which is supported by anaffidavit, sufficient cause is made out for restoration of S.A.No.661/2004.Hence, the application is allowed subject to the deposit of cost of Rs.1,500/- inthe High Court Bar Association, Gwalior within a period of seven working daysand S.A.No.661/2004 is restored to its original number.
A copy of this order be placed in the record of S.A.No.661/2004.This M.C.C. stands disposed of accordingly.
Pj'S/-
(ROOPESH CHANDRA VARSHNEY)JUDGE