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