Madhya Pradesh High Court
Raghunath Singh Gond (Dead) Thr. Lrs. ... vs Bhagwan Singh Gond (Dead) Thr. Lrs. ... on 13 July, 2015
MCC-1356-2015
(RAGHUNATH SINGH GOND (DEAD) THR. LRS. HARI PRATAP SINGH (DEAD) THR. LRS. SMT.
SHANTI SINGH Vs BHAGWAN SINGH GOND (DEAD) THR. LRS. PREMVATI)
13-07-2015
Shri K.S. Baghel, Advocate for the applicants.
Shri Sanjay Agarwal, Advocate for respondents.
Heard on IA No.6504/2015, which is application seeking condonation of delay.
Seeking restoration of S.A. No. 1277/2005 along with application seeking condonation of delay, this petition has been preferred.
After perusal of the record of this case, it appears that S.A. No. 1277/2005 was dismissed twice in default and the court taking a lenient view of this case has restored the said second appeal twice, but again and again applicants are committing default in appearance which is objected by other side on the pretext that after getting the order of maintaining status-quo, the appellants do not want to set the appeal decided on merits. On the other hand, counsel for the applicants submits that without there being any default the name of the counsel was not shown in the cause list, therefore, he could not appear in this case. After perusal of the record the said argument does not found support from the record as Vakalatnama on behalf of appellants was not filed by him.
After hearing learned counsel for both the parties with reluctance, but, in the interest of justice one more opportunity subject to deposit of cost of Rs. 5000/- may be granted to the appellants.
In view of the aforesaid application for condonation of delay filed in MCC No. 1356/2015, is restored to its file. The amount of cost be deposited in the M.P. High Court Legal Services Committee within two weeks from today, otherwise S.A. No. 1277/2014 be treated as dismissed as it was dismissed prior to passing of this order. This appeal is of 2005, therefore, it be listed for admission on 4th August, 2015.
(J.K. MAHESHWARI) JUDGE