Madhya Pradesh High Court
Ramchandar vs Bitthaldas Thr. Lr. Shashikant on 2 February, 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 2 nd OF FEBRUARY, 2024
SECOND APPEAL No. 120 of 2007
BETWEEN:-
1. RAMCHANDAR S/O LATE SHRI GORDHANLAL,
AGED ABOUT 48 YEARS, OCCUPATION:
KASTKARI, R/O VILLAGE SILPATI BARWAL, AT
PRESENT DHANMANDI, BIAORA PARGANA
BIAORA, DISTT. RAJGARH (MADHYA PRADESH)
2. SMT. PREMLATA D/O GORDHANLAL W/O
RAMCHANDRA, AGED ABOUT 53 YEARS,
OCCUPATION: HOUSEHOLD, R/O NEAR KHADE
HANUMAN MANDIR, BIAORA, DISTT. RAJGARH
(MADHYA PRADESH)
3. JAMNAPRASAD S/O GORDHAN, AGED ABOUT 51
YE A R S , OCCUPATION: GOVT. SERVANT, R/O
NARSINGHGARH (TEACHER COLONY), PARGANA
NARSINGHGARH, DISTT. RAJGARH (MADHYA
PRADESH)
.....APPELLANTS
(NONE FOR THE APPELLANTS)
AND
1A. BITTHALDAS THR. LR. SHASHIKANT WD/O LATE
SHRI BITTHALDAS SHARMA, AGED ABOUT 50
YEAR S, R/O ANJANI MANDIR ROAD, BIAORA,
DISTT. RAJGARH (MADHYA PRADESH)
1B. GOPAL SHARMA S/O LATE BITTHALDAS
SHARMA, AGED ABOUT 42 YEARS, ANJANI R/O
ANJANI MANDIR ROAD, BIAORA, DISTT.
RAJGARH (MADHYA PRADESH)
1C. DHARMENDRA S/O LATE SHRI BITTHALDAS
SHARMA, AGED ABOUT 35 YEARS, R/O ANJANI
MANDIR ROAD, BIAORA, DISTT. RAJGARH
(MADHYA PRADESH)
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/3/2024
10:46:17 AM
2
1D. DEVENDRA S/O LATE BITTHALDAS SHARMA,
AGED ABOUT 32 YEARS, R/O ANJANI MANDIR
ROAD, BIAORA, DISTT. RAJGARH (MADHYA
PRADESH)
1E. SHAILENDRA S/O BITTHALDAS SHARMA, AGED
ABOUT 30 YEARS, R/O ANJANI MANDIR ROAD,
BIAORA, DISTT. RAJGARH (MADHYA PRADESH)
1F. RAGHVENDRA S/O BITTHALDAS SHARMA, AGED
ABOUT 29 YEARS, R/O ANJANI MANDIR ROAD,
BIAORA, DISTT. RAJGARH (MADHYA PRADESH)
2. KAMLABAI W/O BADRIPRASAD, AGED ABOUT 73
YEARS, NEAR BIHARI MANDIR, BIAORA DISTT.
RAJGARH (MADHYA PRADESH)
3A. SHANTIBAI (DECEASED) THROUGH LR GOPAL S/O
DHOOLJI, R/O JAIL ROAD, RAJGARH DISTT.
RAJGARH (MADHYA PRADESH)
SHANTIBAI (DECEASED) THROUGH LR SMT.
3B. GIRIJABAI W/O JUGALKISHORE JOSHI, R/O NEAR
PARAYAN CHOWK, RAJGARH DISTT. RAJGARH
(MADHYA PRADESH)
SHANTIBAI (DECEASED) THROUGH LR INDIRA
BAI W/O GIRISH R/O PACHORE, RAJGARH DISTT.
3C. RAJGARH (MADHYA PRADESH)
4. KAILASHIBAI W/O KALYANJI, AGED ABOUT 58
YEARS, OCCUPATION: HOUSE HOLD JHALAWAR
(RAJASTHAN)
5. KASHIBAI W/O KAMLASHANKAR, AGED ABOUT
52 YEARS, OCCUPATION: HOUSEHOLD, R/O
BICHLIRAVLA, MACHALPUR, DISTRICT
RAJGARH (MADHYA PRADESH)
6A. GEETABAI (DECEASED) THROUGH LR SMT.
SUSHILA UPADHAYAYA W/O SUMITI PRAKASH
UPADHYAYA, AGED 59 YEARS, R/O ARYA SAMAJ
CHOWK, BIAORA, DISTRICT RAJGARH (MADHYA
PRADESH)
GEETABAI (DECEASED) THROUGH LR SATYEN
6B. TIWARI S/O LATE SHRI PURSHOTTAM TIWARI,
AGED 57 YEARS, R/O SHAHID COLONY, NEAR
KELA MATA TEMPLE, BIAORA, DISTRIC
RAJGARH (MADHYA PRADESH)
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/3/2024
10:46:17 AM
3
GEETABAI (DECEASED) THROUGH LR DR.
MAHESH KUMAR TIWARI S/O LATE SHRI
6C. PURSHOTTAM TIWARI, AGED 55 YEARS, R/O A-38,
PATEL NAGAR, RAISEN ROAD, BHOPAL (MADHYA
PRADESH)
7. STATE OF MP THROUGH COLLECTOR RAJGARH
(MADHYA PRADESH)
8. NAYAB TEHSILDAR, CIRCLE SUTHALIYA, DISTT.-
RAJGARH (MADHYA PRADESH)
9. SUB DIVISIONAL OFFICER, BIAORA DISTT.
RAJGARH (MADHYA PRADESH)
10. TOWN INSPECTOR, BIAORA, DIST. RAJGARH
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMIT RAVAL - GOVT. ADVOCATE FOR THE RESPONDENTS NO.7
TO 10 / STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
From perusal of the earlier order sheets, it reveals that nobody has marked appearance on behalf of the appellants on earlier occasions i.e. on 03/09/2019, 16/09/2019, 15/10/2019, 04/02/2020 and 13/03/2020. Today also nobody appeared on behalf of the appellants.
It is apparent that for last five years, nobody is appearing on behalf of the appellants. On 03/09/2019 this Court had directed the appellant to make default good within stipulated period else the appeal was directed to be dismissed without reference to the Court.
Despite specific direction, order dated 03/09/2019 has not been complied with for last five years. The repeated non-appearance of the appellants is sufficient to show that appellants have lost their interest in prosecuting this second appeal.
Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/3/2024 10:46:17 AM 4Therefore, the second appeal is dismissed in default for want of prosecution.
Let record of both the Courts below be returned to the concerned Courts below along with copy of this order.
(ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/3/2024 10:46:17 AM