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Madhya Pradesh High Court

Ramchandar vs Bitthaldas Thr. Lr. Shashikant on 8 May, 2024

Author: Anil Verma

Bench: Anil Verma

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 8 th OF MAY, 2024
                                           MISC. CIVIL CASE No. 753 of 2024

                           BETWEEN:-
                           1.    RAMCHANDAR S/O LATE SHRI GORDHANLAL,
                                 AGED ABOUT 48 YEARS, OCCUPATION: KASTKARI
                                 VILLAGE SILPATI BARWAL, AT PRESENT
                                 DHANMANDI, BIAORA PARGANA BIAORA, DISTT.
                                 RAJGARH (MADHYA PRADESH)

                           2.    SMT. PREMLATA W/O RAMCHANDAR, AGED
                                 ABOUT 53 YEARS, OCCUPATION: HOUSEHOLD
                                 NEAR KHADE HANUMAN MANDIR BIAORA DIST
                                 RAJGARH (MADHYA PRADESH)

                           3.    JAMNAPRASAD S/O GORDHAN, AGED ABOUT 51
                                 Y E A R S , OCCUPATION: GOVT. SERVANT
                                 NARSINGHGARH TEACHER COLONY PARGANA
                                 NARSINGHGARH DIST RAJGARH (MADHYA
                                 PRADESH)

                                                                              .....APPLICANTS
                           (BY SHRI MURTUZA BOHRA, ADVOCATE.)

                           AND
                           1.    BITTHALDAS THR. LR. SHASHIKANT W/O LATE
                                 SHRI BITTHALDAS SHARMA, AGED ABOUT 50
                                 YEARS, ANJANI MANDIR ROAD, BIAORA, DISTT.
                                 RAJGARH (MADHYA PRADESH)

                           2.    GOPAL SHARMA S/O LATE BITTHALDAS
                                 SHARMA, AGED ABOUT 42 YEARS, ANJANI
                                 MANDIR ROAD BIAORA DIST RAJGARH
                                 (MADHYA PRADESH)

                           3.    DHARMENDRA S/O LATE SHRI BITTHALDAS
                                 SHARMA, AGED ABOUT 35 YEARS, ANJANI
                                 MANDIR ROAD, BIAORA, DISTT. RAJGARH
                                 (MADHYA PRADESH)

                           4.    DEVENDRA S/O LATE BITTHALDAS SHARMA,
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 08-05-2024
18:01:56
                                                        2
                                 AGED ABOUT 32 YEARS, ANJANI MANDIR ROAD
                                 BIAORA DIST RAJGARH (MADHYA PRADESH)

                           5.    SHAILENDRA S/O BITTHALDAS SHARMA, AGED
                                 ABOUT 30 YEARS, ANJANI MANDIR ROAD
                                 BIAORA DIST RAJGARH (MADHYA PRADESH)

                           6.    RAGHVENDRA S/O BITTHALDAS SHARMA, AGED
                                 ABOUT 29 YEARS, ANJANI MANDIR ROAD,
                                 BIAORA, DISTT. RAJGARH (MADHYA PRADESH)

                           7.    KAMLABAI W/O BADRIPRASA, AGED ABOUT 73
                                 YEAR S, NEAR BIHARI MANDIR BIAORA DIST
                                 RAJGARH (MADHYA PRADESH)

                           8.    SHANTIBAI DECD. THR LRS. GOPAL S/O DHOOLJI
                                 JAIL ROAD RAJGARH DIST RAJGARH (MADHYA
                                 PRADESH)

                           9.    SHANTIBAI DECD. THR LRS. SMT. GIRIJABAI W/O
                                 JUGALKISHORE JOSHI NEAR PARAYAN CHOWK
                                 RAJGARH (MADHYA PRADESH)

                           10.   SHANTIBAI DECD. THR LRS. INDIRABAI W/O
                                 GIRISH PACHORE RAJGARH (MADHYA PRADESH)

                           11.   KAILASHIBAI W/O KALYAN JI, AGED ABOUT 58
                                 YEAR S, OCCUPATION: HOUSEHOLD JHALAWAR
                                 RAJASTHAN (RAJASTHAN)

                           12.   KASHIBAI W/O KAMLASHANKAR, AGED ABOUT
                                 52      YEARS, OCCUPATION:  HOUSEHOLD
                                 BICHLIRAVLA MACHALPUR DIST RAJGARH
                                 (MADHYA PRADESH)

                           13.   GEETABAI DECD THR LRS. SMT. SUSHILA
                                 UPADHAYAYA    W/O  SUMITI   PRAKASH
                                 UPADHYAYA, AGED ABOUT 59 YEARS, ARYA
                                 SAMAJ CHOWK BIAORA DIST RAJGARH
                                 (MADHYA PRADESH)

                           14.   GEETABAI DECD THR LRS. SATYEN TIWARI S/O
                                 LATE SHRI PURSHOTTAM TIWARI, AGED ABOUT
                                 57 YEARS, SHAHID COLONY NEAR KELA MATA
                                 TEMPLE BIAORA DIST RAJGARH (MADHYA
                                 PRADESH)

                           15.   GEETABAI DECD THR LRS. DR. MAHESH KUMAR
                                 TIWARI S/O LATE SHRI PURSHOTTAM TIWARI,
                                 AGED ABOUT 55 YEARS, A-38 PATEL NAGAR
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 08-05-2024
18:01:56
                                                        3
                                 RAISEN ROAD BHOPAL (MADHYA PRADESH)

                           16.   STATE OF M.P THROUGH COLLECTOR NAYAB
                                 TEHSILDAR CIRCLE SUTHALIYA DIST RAJGARH
                                 (MADHYA PRADESH)

                           17.   SUB   DIVISIONAL  OFFICER BIAORA               DIST
                                 RAJGARH (MADHYA PRADESH)

                           18.   TOWN   INSPECTOR BIAORA DIST              RAJGARH
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (RESPONDENT NOS.16, 17 & 18 BY SHRI CHETAN JOSHI, PANEL
                           LAWYER.)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                               ORDER

01. Heard on I.A. No.4005 of 2024 which is an application for modification of order dated 15.03.2024.

02. By that order notice has been issued to the respondent. There is no need to issue notice for deciding the application for restoration of SA No.120/2007. Hence, I.A. No.4005 of 2024 stands allowed and order dated 15.03.2024 is hereby recalled.

03. Applicant has preferred this petition under Order 41 Rule 19 of Code of Civil Procedure, 1908 for restoration of Second Appeal No.120 of 2007 which has been dismissed in default vide order dated 02.02.2024.

04. Learned counsel for the applicant contended that the applicant is an illiterate person and is unaware of the proceedings of the Court, his advocate could not appear before this Court at the time of hearing but applicant could not be punished for mistake committed by his counsel. On first appeal is already pending hence, the present second appeal before this Court.

05. On perusal of the earlier order it appears that nobody has marked Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 08-05-2024 18:01:56 4 presence on behalf of the applicants for the last 5 years and none was present on behalf of him on 03.09.2019, 16.09.2019, 15.10.2019, 04.02.2020 and 13.03.2020 even the non-appearance of the applicant for the period of more than 5 years not appears to be just and proper.

06. In view of the above, reasons assigned by the applicant did not appear to be bonafide, therefore, no case is made out for restoration of Second Appeal No.120 of 2007. Accordingly, this MCC stands dismissed.

(ANIL VERMA) JUDGE Divyansh Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 08-05-2024 18:01:56