IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 13 OF JULY, 2023 MISC. CIVIL CASE No. 1667 of 2022 BETWEEN:-

SAYED SAHIL WARSI S/O LATE SHRI AKHTAR WARSI, AGED ABOUT 45 YEARS, OCCUPATION: BUSINESSMAN 97-A PRINCE COLONY EIDGAH HILLS BHOPAL M.P.

(MADHYA PRADESH)

.....APPLICANT (BY SHRI DURGESH PANDEY - ADVOCATE)

AND

1. SMT. SARWARI BEGUM W/O LATE SHRI SULTAN AHMED 2622 GALI ASIF ALI KUCHE-E- CHELAN DARYAGANJ NEW DELHI (DELHI)

2. ZAFAR AHMED S/O LATE SHRI SULTAN AHMED R/O 2622 GALI ASIF ALI KUCHE-E-CHELAN DARYAGANJ NEW DELHI (DELHI)

3. SMT. RANA QURESHI W/O LATE SHRI SULTAN AHMED R/O CLASSIC APARTMENT EIDGAH HILLS BHOPAL (MADHYA PRADESH)

4. NAZIA QURESHI (MINOR) D/O LATE SHRI SULTAN AHMED OCCUPATION: MINOR THROUGH THEIR GUARDIAN MOTHER SMT. RANA QURESHI R/O FLAT NO.3 CLASSIC APARTMENT EIDGAH HILLS BHOPAL (MADHYA PRADESH)

5. FAIZ QURESHI (MINOR) D/O LATE SHRI SULTAN AHMED OCCUPATION: MINOR THROUGH THEIR GUARDIAN MOTHER SMT. RANA QURESHI R/O FLAT NO.3 CLASSIC APARTMENT EIDGAH HILLS BHOPAL (MADHYA PRADESH)

6. STATE OF MADHYA PRADESH THROUGH COLLECTOR BHOPAL OLD SACHIVALAYA DISTRICT BHOPAL (MADHYA PRADESH)

Signature Not Verified .....RESPONDENTS (BY SHRI VINOD MISHRA - PANEL LAWYER)

(SHRI GHANSHYAM SHARMA - ADVOCATE FOR RESPONDENT NOS.1 TO

4)

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

ORDER

This is an application seeking restoration of F.A. No.944/2019, which has been dismissed for non compliance of peremptory order 13.08.2019.

2. It is contended by the counsel that there were certain defects pertaining to valuation, deficit court fees etc. which could not be rectified within the stipulated period so granted by this Court.

3. It is contended by the counsel that the lapse was bonafide and inadvertent inasmuch as, on account of financial hardship, the applicant was not in a position to cure the defects and therefore, the delay which has occasioned in filing of the restoration application deserves to be condoned.

4. Per contra, learned counsel for the respondent submits that the delay has not been properly explained, therefore, the application is liable to be dismissed.

5. On due consideration of the contents of I.A. No.7999/2022, which is supported by an affidavit of the applicant, the same is allowed. Delay in filing this petition is hereby condoned.

6. On taking into consideration the contents of the application for restoration, which is also supported by an affidavit of the applicant, the same is allowed.

7. Let F.A. No.944/2019 be restored to its original number subject to removal of default within 30 days from today.

8. Office to verify the factum of removal of default.

Signature Not Verified

9. Accordingly, the MCC stands disposed of.

(MANINDER S. BHATTI)

JUDGE mn Signature Not Verified