2022 Supreme(Online)(MP) 10107
HIGH COURT OF MADHYA PRADESH
Harikant – Appellant
Versus
Ramakant – Respondent
MCC 3352/2018
Arpan Pawar,
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ATUL SREEDHARAN ON THE 7th OF SEPTEMBER, 2022 MISC. CIVIL CASE No. 3352 of 2018 BETWEEN:-
HARIKANT S/O SHRI RAMESHWAR PRASAD, AGED ABOUT 77 YEARS, OCCUPATION: AGRICULTURIST R/O VILL. MAGRAJ TEH AMARPATAN DISTT. SATNA (MADHYA PRADESH)
.....APPLICANT (BY MS.APEKSHA SANGHI, LEARNED COUNSEL)
AND
1. RAMAKANT S/O LATE SHRI RAMESHWAR PRASAD BRAHMIN, AGED ABOUT 68 YEARS, R/O VILL. MAGRAJ TEH, AMARPATAN DIST.
SATNA (MADHYA PRADESH)
2. SHRIKANT S/O LATE SHRI RAMESHWAR PRASAD BRAHMIN, AGED ABOUT 66 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
3. PADMNABHI S/O SHRI SHRIKANT TRIPATHI, AGED ABOUT 43 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
4. PADAMPARI S/O SHRI SHRIKANT TRIPATHI, AGED ABOUT 34 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
5. KEDAR PRASAD PATEL S/O SHRI SADHULAL PATEL, AGED ABOUT 57 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
6. PRADUMAN PRASAD TRIPATHI S/O BALA PRASAD TRIPATHI, AGED ABOUT 72 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
7. MST. INDRA W/O LATE RAMDHAR BRAHMIN, Signature Not Verified Signed by: POONAM AGED ABOUT 63 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
8. SANSKARSHAN PRASAD S/O LATE RAMADHAR BRAHMIN, AGED ABOUT 42 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
9. AKARSHAN S/O LATE RAMDHAR BRAHMIN, AGED ABOUT 37 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
10. KU. PRITI D/O LATE RAMDHAR BRAHMIN, AGED ABOUT 30 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
11. KU. JYOTI D/O LATE RAMDHAR BRAHMIN, AGED ABOUT 25 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
12. GOPINATH S/O KAMLA PRASAD, AGED ABOUT
86 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
13. DAYANAND S/O LATE BALGOVIND BRAHMIN, AGED ABOUT 68 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
14. NARENDRA KUMAR S/O LATE BALGOVIND BRAHMIN, AGED ABOUT 48 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
15. MAHENDRA KUMAR S/O LATE BALGOVIND BRAHMIN, AGED ABOUT 13 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
16. MST. USHA W/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 58 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
17. RAVI PRAKASH S/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 35 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
18. CHANDRA PRAKASH S/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 34 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN Signature Not Verified Signed by: POONAM (MADHYA PRADESH)
19. HARI PRAKASH S/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 32 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
20. OM PRAKASH S/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 29 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
21. RAM SHIROMANI S/O LATE KEDAR PRASAD BRAHMIN, AGED ABOUT 77 YEARS, R/O VILLAGE MAGRAJ, TAHSIL AMARPATAN (MADHYA PRADESH)
.....RESPONDENTS (NONE FOR THE RESPONDENTS)
This application coming on for admission this day, the court passed the following:
ORDER
The present application is for restoration of S.A. No.286/2003, which has been dismissed for want of prosecution vide order dated 28.11.2014. There has been delay of four years in filing this application for restoration, as the same was filed on 20.12.2018.
Heard on I.A. No.15670/2018, which is an application for condonation of delay. This Court is not convinced by the reasons given therein. In fact, in paragraph No.5 the applicant states that there has been delay of six months in filing this application for restoration, whereas it is delayed by four years.
Under the circumstances, I.A. No.15670/2018 is rejected.
Consequently, MCC No.3352/2018 stands dismissed (ATUL SREEDHARAN)
JUDGE Signature Not Verified Signed by: POONAM pnm Signature Not Verified