IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 27 OF FEBRUARY, 2026 MISC. CIVIL CASE No. 137 of 2026 SHOBHA VAJPAI AND OTHERS Versus SMT. VIRAN BAI AND OTHERS Appearance:

Shri Ashok Shah - Advocate for the applicants.

ORDER Heard on I.A.No.1470/2026, which is an application for condonation of delay of 4405 days in filing the present application.

2. Present application has been filed for restoration of Second Appeal No.1216/2012, which was dismissed for non-compliance of peremptory order dated 31.10.2013.

3. It is submitted by counsel for the applicant that the applicants were not aware about dismissal of their appeal due to which application could not be filed within time. It is further submitted that in the appeal notices were not issued and it was dismissed at motion stage but the counsel of appellant did not informed them, hence there is no default on the part of appellants and they should not suffer due to mistake of the counsel.

4. Heard learned counsel for the applicant and perused the record.

5. The Hon'ble Apex Court in the case of State of Madhya Pradesh vs. Ramkumar Choudhary 2024 SCC OnLine SC 3612, has held as under :

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