Madhya Pradesh High Court
Harprasad Vishwakarma (Lohar) vs Lallabai @ Kamlabai on 28 March, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 28th OF MARCH, 2022
MISC. CIVIL CASE No. 642 of 2022
Between:-
HARPRASAD VISHWAKARMA (LOHAR) S/O
NATHURAM VISHWAKARMA, AGED ABOUT 44
Y E A R S , OCCUPATION: PRIVATE JOB, R/O
ARJARIYA MARG, WARD NO.9, CHHATARPUR,
TAHSIL AND DISTT. CHHATARPUR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI DEEPENDRA KUMAR MISHRA, ADVOCATE)
AND
1. LALLABAI @ KAMLABAI W/O NATHURAM
VISHWAKARMA LOHAR , AGED ABOUT 69 YEARS,
OCCUPATION: HOUSE WIFE, R/O BAJNA, TAHSIL
BUXWAHA, DISTT. CHHATARPUR (MADHYA
PRADESH)
2. MU. AAM. NANDU AHIRWAER S/O SHRI SUNNI
AHIRWAR, AGED ABOUT 42 YEARS, OCCUPATION:
UNKNOWN, R/O WARD NO. 33, NEAR SANDHYA
VIHAR COLONY, SATAI ROAD, CHHATARPUR,
TEHSIL AND DISTRICT- CHHATARPUR, (MADHYA
PRADESH)
3. BHUMANIDEEN VISHWAKARMA S/O SHRI JANKI
PRASAD VISHWAKARMA , AGED ABOUT 34 YEARS,
OCCUPATION: UNKNOWN, R/O OUTSIDE OF
BASARI GATE, WARD NO. 17, CHHATARPUR,
TEHSIL AND DISTRICT- CHHATARPUR, (MADHYA
PRADESH)
4. DHARMENDRA @ RAJU, S/O HARISHANKAR
VISHWAKARMA, AGED ABOUT 44 YEARS,
OCCUPATION: UNKNOWN, R/O NIMAN MOHALLA
NALAPAR, NOWGONG, TEHSIL- NOWGONG,
DISTT.- CHHATARPUR, (MADHYA PRADESH)
5. DEVENDRA S/O HARISHANKAR VISHWAKARMA,
AGED ABOUT 30 YEARS, OCCUPATION: UNKNOWN
R/O NIMAN MOHALLA, NALAPAR, NOWGONG,
TEHSIL- NOWGONG, DISTT.- CHHATARPUR,
(MADHYA PRADESH)
6. STATE OF M.P. THROUGH COLLECTOR
CHHATARPUR, (MADHYA PRADESH)
.....RESPONDENTS
Signature
SAN Not
Verified (NONE )
Digitally signed by
SUNIL KUMAR This MCC has come up for hearing on this day, the court passed the
PATEL
Date: 2022.03.29
17:36:27 IST
2
following:
ORDER
Applicant has filed an application for restoration of M.P. No.1159/2017 to its original number, which was dismissed for want of prosecution vide order dated 08.03.2022.
It is stated by counsel for applicant in his application that earlier engaged counsel could not appear in the matter on 08.03.2022 as he was suffering from fever, therefore, case was dismissed for want of prosecution.
Affidavit of counsel has not been filed neither any medical document has been placed on record to show that counsel was suffering from fever.
Considering the interest of justice, M.C.C. filed by applicant is allowed on condition that applicant will deposit a cost of Rs.5,000/- (Rupees Five Thousand only) before M.P. High Court Legal Aid Services Committee and produce receipt of the same before registry and after considering receipt, registry shall restore M.P. No.1159/2017 to it's original number. In case, the receipt is not filed, matter shall not be restored.
Office is directed to place a copy of this order along with the deposit slip in the restored miscellaneous petition.
The MCC is disposed off, accordingly.
C.C. as per rules.
(VISHAL DHAGAT) JUDGE sp/-
Signature SAN Not Verified Digitally signed by SUNIL KUMAR PATEL Date: 2022.03.29 17:36:27 IST