Dharmdas Yadav vs Smt. Kastoori Bai on 9 February, 2024

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Madhya Pradesh High Court

Dharmdas Yadav vs Smt. Kastoori Bai on 9 February, 2024

Bench: Dwarka Dhish Bansal

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 9 th OF FEBRUARY, 2024
                                          MISC. CIVIL CASE No. 289 of 2024

                          BETWEEN:-
                          DHARMDAS YADAV S/O LATE SHRI BHOORELAL
                          YADAV R/O KHEDA ITARSI, TEHSIL ITARSI, DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                             .....APPLICANT
                          (BY SHRI AVI SINGH - ADVOCATE )

                          AND
                          1.    SMT. KASTOORI BAI W/O SHRI RADHELAL, AGED
                                ABOUT 77 YEARS, R/O KHEDA ITARSI, TEHSIL
                                ITARSI, DISTRICT NARMADAPURAM (MADHYA
                                PRADESH)

                          2.    SMT TARA BAI W/O LATE SHRI BHOORELAL
                                YADAV, AGED ABOUT 60 YEARS, R/O MINGALA'S
                                HOUSE KHEDA ITARSI TEHSIL ITARSI DISTRICT
                                NARMADAPURAM (MADHYA PRADESH)

                          3.    LATE SHRI DHANUSHRAM YADAV S/O LATE SHRI
                                BHOORELAL YADAV
                                A    -    SMT. SHOBHA W/O LATE SHRI
                                DHANUSHRAM YADAV, AGED ABOUT 58 YEARS,
                                RESIDENT OF KHEDA ITARSI TEHSIL ITARSI
                                DISTRICT     NARMADAPURAM       (MADHYA
                                PRADESH)

                                B   - CHETAN YADAV S/O LATE SHRI
                                DHANUSHRAM YADAV, AGED ABOUT 30 YEARS,
                                RESIDENT OF KHEDA ITARSI TEHSIL ITARSI
                                DISTRICT    NARMADAPURAM      (MADHYA
                                PRADESH)

                                C - ABHAY YADAV S/O LATE SHRI DHANUSHRAM
                                YADAV, AGED ABOUT 22 YEARS, RESIDENT OF
                                KHEDA ITARSI TEHSIL ITARSI DISTRICT
                                NARMADAPURAM (MADHYA PRADESH)

Signature Not Verified
Signed by: NIDHI DAVE
Signing time: 2/12/2024
12:59:04 PM
                                                              2
                                     D - DISHA YADAV D/O LATE SHRI DHANUSHRAM
                                     YADAV, AGED ABOUT 35 YEARS, RESIDENT OF
                                     KHEDA ITARSI TEHSIL ITARSI DISTRICT
                                     NARMADAPURAM (MADHYA PRADESH)

                               4.    SMT. BHAGWATI BAI W/O LATE SHRI BHAGWAN
                                     DAS, AGED ABOUT 72 YEARS, R/O KHEDA ITARSI,
                                     TEHSIL ITARSI, DISTRICT NARMADAPURAM
                                     (MADHYA PRADESH)

                               5.    SHRI TRIVESH YADAV S/O LATE SHRI BHAGWAN
                                     DAS AGED ABOUT 31 YEARS R/O KHEDA ITARSI
                                     TEHSIL ITARSI    DISTRICT NARMADAPURAM
                                     (MADHYA PRADESH)

                               6.    SMT. SUSHILA BAI W/O LATE SHRI GULABDAS
                                     YADAV, AGED ABOUT 64 YEARS, R/O NALA
                                     MOHALLA ITARSI TEHSIL ITARSI DISTRICT
                                     NARMADAPURAM (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                               (NONE FOR THE RESPONDENTS)


                           T h is application coming on for admission this day, t h e cou rt passed the
                   following:
                                                             ORDER

Heard on I.A.No.2547/2024, which is an application under Section 5 of the Limitation Act.

2. Registry has reported this MCC to be barred by 214 days.

3. For the reasons mentioned in the application supported by an Affidavit, there is sufficient reason for condoning the delay. Accordingly I.A.No.2547/2024 is allowed. Delay in filing the MCC is hereby condoned.

4. Heard on the question of admission.

5. The present application has been filed for restoration of S.A. No.2265/2022, which was dismissed due to non compliance of common conditional order dated 12.4.2023.

6. Considering the averments made in the application, this Court finds that sufficient cause is shown for restoration of the Second Appeal.

Signature Not Verified Signed by: NIDHI DAVE Signing time: 2/12/2024 12:59:04 PM 3

7. Accordingly, MCC is allowed.

8. S.A. No.2265/2022 is restored to its original number subject to payment of cost of Rs.2,000/- (Two thousand only) payable to the State Legal Services Authority, Jabalpur within a period of seven working days, failing which the order of dismissal of Second Appeal shall remain intact.

9. The payment of cost of Rs.2,000/- shall be a condition precedent for restoration of S.A.No.2265/2022.

10. A copy of this order be kept in the file of S.A. No.2265/2022.

11. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE nd Signature Not Verified Signed by: NIDHI DAVE Signing time: 2/12/2024 12:59:04 PM

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