Madhya Pradesh High Court
Moti Rajput vs Mahila Nanni Bail Lodhi on 11 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 11th OF MARCH, 2022
MISC. CIVIL CASE No. 558 of 2022
Between:-
MOTI RAJPUT S/O LATE SHRI CHIRAI RAJPUT,
AGED ABOUT 57 YEARS, R/o VILL. CHINGUWAN
TEH. KHARGAPUR DITT. TIKAMGARH (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI SYED ABDUL WAQIL, ADVOCATE)
AND
1. MAHILA NANNI BAIL LODHI W/O LATE HIRALAL
LODHI, AGED ABOUT 48 YEARS, R/O VILL.
CHINGWAN TEH. KHARGAPUR DSITT.
TIKAMGARH (MADHYA PRADESH).
2. MAHILA CHANDA DEVI W/O CHHANNU LODHI D/O
HIRALAL LODHI, AGED ABOUT 40 YEARS,
OCCUPATION: NIL R/O VILLAGE-KISHANPURA,
TEHSIL-PALERA, DISTRICT-TIKAMGARH
(MADHYA PRADESH).
3. HALKAI D/O GORELAL LODHI, AGED ABOUT 55
YEAR S , OCCUPATION: NIL R/O VILLAGE-DOH,
TEHSIL-KHARGAPUR, DISTRICT-TIKAMGARH
(MADHYA PRADESH).
4. MAHILA LAL BAI D/O LATE CHIRAI LODHI W/O
DHANNI LODHI, AGED ABOUT 59 YEARS,
OCCUPATION: NIL R/O VILLAGE-CHIGUWAN,
TEHSIL-KHARGAPUR, DISTRICT-TIKAMGARH
(MADHYA PRADESH).
5. STATE OF M.P. THROUGH COLLECTOR,
TIKAM GAR H DISTRICT-TIKAMGARH (MADHYA
PRADESH).
.....RESPONDENTS
This application coming on for admission this day, the court passed the
following:
ORDER
Applicant has filed this M.C.C. for restoration of S.A. No. 840/2021. Counsel appearing for applicant submitted that a common conditional Signature SAN Not peremptory order was passed in second appeal on 06.09.2021. Said order could Verified Digitally signed by not be complied with, therefore, second appeal was dismissed. After dismissal of VINOD KUMAR TIWARI Date: 2022.03.14 18:25:40 IST 2 second appeal, applicant has filed M.C.C. No.1722/2021 for restoration of second appeal. M.C.C. No. 1722/2021 was allowed vide order dated 03.12.2021 and this Court has directed deposit of cost of Rs. 1000/- in the office of Legal Services Committee of this Court within a period of seven working days. Applicant deposited fine amount of Rs.1000/- on 03.03.2022. It is submitted that order passed by this Court was complied with and delay on part of applicant in depositing cost was bonafide. This application is supported by affidavit of counsel.
Considering the aforesaid, M.C.C. is allowed. Second Appeal No.840/2021 be restored to its original number.
Registry is directed to restore the second appeal to its original number and proceed further.
With the aforesaid, MCC is allowed.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
vkt
Signature
SAN Not
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.03.14
18:25:40 IST