IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 8 OF MAY, 2023 MISC. CIVIL CASE No. 1001 of 2021 BETWEEN:-

1. SMT. KAUSAR JAHAN W/O LATE SHOAIB AHMAD ANSARI DAUGHTER IN LAW OF RUKNUDDIN ANSARI, AGED ABOUT 57 YEARS, OCCUPATION: HOUSEWIFE R/O WARD NO. 24, IN FRONT OF PUTTI BADA SINGHPUR ROAD, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

2. KUMARI JAINAB SUWALEHA D/O LATE SHOAIB AHMAD ANSARI, AGED ABOUT 23 YEARS, OCCUPATION: HOUSEWORK WARD NO. 24, IN FRONT OF PUTTI BADA SINGHPUR ROAD, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

3. KUMARI HAJRA BANO D/O LATE SHOAIB AHMAD ANSARI, AGED ABOUT 21 YEARS, OCCUPATION: 12TH CLASS STUDENT WARD NO. 24, IN FRONT OF PUTTI BADA SINGHPUR ROAD, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

.....APPLICANTS (BY SHRI AHADULLAH USMANI - ADVOCATE )

AND

1. GOMTI VISHWAKARMA W/O LATE SURESH VISHWAKRAMA AGARIYA, AGED ABOUT 61 YEARS, OCCUPATION: GOVT. TEACHER R/O WARD NO. 28/37 PURANI BASTI BESIDE KODHU LAL KI CHAKKI SHAHDOL DISTT. SHAHDOL M.P.

(MADHYA PRADESH)

2. ANITA VISHWAKARMA @ GUDDI D/O LATE SURESH VISHWAKARMA (AGARIYA) OCCUPATION: GOVERNMENT TEACHER WARD NO. 28/37 PURANI BASTI, BESIDE KODHU LAL KI CHAKKI, SHAHDOL, DISTRICT SHAHDOL (M.P.)

(MADHYA PRADESH)

Signature Not Verified Signed by: SHUBHAM

3. ABHISHEK VISHWAKARMA @ GUDDA S/O LATE SURESH VISHWAKARMA (AGARIYA), AGED ABOUT 33 YEARS, OCCUPATION: PRIVATE JOB AT SINGRAULI WARD NO. 28/37 PURANI BASTI, BESIDE KODHU LAL KI CHAKKI, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

4. RAKHI VISHWAKARMA @ APPI D/O LATE SURESH VISHWAKARMA (AGARIYA) OCCUPATION: NURSE DISTRICT HOSPITAL SHAHDOL WARD NO. 28/37 PURANI BASTI, BESIDE KODHU LAL KI CHAKKI, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

5. BHARTI VISHWAKARMA @ APPU D/O LATE SURESH VISHWAKARMA (AGARIYA) OCCUPATION: NURSE DISTRICT HOSPITAL SHAHDOL WARD NO. 28/37 PURANI BASTI, BESIDE KODHU LAL KI CHAKKI, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

6. VIVEK VISHWAKARMA @ CHULLU S/O LATE SURESH VISHWAKARMA (AGARIYA), AGED ABOUT 27 YEARS, OCCUPATION: SERVICE IN TRAVEL AGENCY WARD NO. 28/37 PURANI BASTI, BESIDE KODHU LAL KI CHAKKI, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

7. SHAGUFTA NASREEN W/O ARIF D/O LATE RUKNUDDIN ANSARI, AGED ABOUT 58 YEARS, OCCUPATION: HOUSEWIFE ALLAHABAD (U.P)

(UTTAR PRADESH)

8. MUZAMMIL AHMAD ANSARI S/O LATE RUKNUDDIN ANSARI, AGED ABOUT 52 YEARS, OCCUPATION: OPTICIAN SHOP EMPLOYEE BALPURVA ROAD, KOTMA TIRAHA, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

9. ADIL ANSARI S/O LATE RUKNUDDIN ANSARI, AGED ABOUT 51 YEARS, OCCUPATION: ADVOCATE SHAHDOL DISTRICT SHAHDOL BALPURVA ROAD, KOTMA TIRAHA, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

10. IRSHAD ANSARI S/O LATE RUKNUDDIN ANSARI, AGED ABOUT 48 YEARS, OCCUPATION: TEACHER (TRAINING OFFICER) GOVERNMENT ITI JAITHARI ANUPPUR, DISTRICT ANUPPUR (M.P.)

ANUPPUR (MADHYA PRADESH)

Signature Not Verified Signed by: SHUBHAM

11. IQBAL ANSARI S/O LATE RUKNUDDIN ANSARI, AGED ABOUT 46 YEARS, OCCUPATION: MISTRI GHARAULA MOHALLA, BEHIND MULLA KABADI (IN RENTED HOUSE) NEW BUS STAND BALPURVA, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

12. SHAHISTA NASREEN W/O ARSHAD, AGED ABOUT

40 YEARS, OCCUPATION: HOUSEWIFE NEAR IMAM BADA, UMARIYA, DISTRICT UMARIYA (M.P.) (MADHYA PRADESH)

13. JUNAID AHMAD ANSARI S/O LATE RUKNUDDIN ANSARI, AGED ABOUT 34 YEARS, OCCUPATION: TEACHER AMU GHARAULA MOHALLA, BEHIND MULLA KABADI (IN RENTED HOUSE) NEW BUS STAND BALPURVA, SHAHDOL, DISTRICT SHAHDOL (M.P.) (MADHYA PRADESH)

.....RESPONDENTS This application coming on for admission this day, the court passed the following:

ORDER

Learned counsel for applicant contends that in terms of order dated

11.04.2023, the hamdast notices were to be served upon the respondents but they have refused to accept the notices.

2. Learned counsel for applicant contends that the application for restoration is filed seeking restoration of SA No.1214/2005 which has been dismissed for non-compliance of common conditional order d