Allowed

Madhyapradesh Jesuits Loyola Niketan Lingiyadeha v. Shri Ravatpura Sarkar Ashram

Chhattisgarh HC2 Aug 2018MCC/399/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the condonation of delay in filing a restoration application (MCC No. 399 of 2016). The Court recalled the earlier dismissal for want of prosecution and restored the first appeal (F.A. No.31 of 2013) which concerned immovable property.

What did the court decide?

Restoration of First Appeal No.31 of 2013 to its original number after condoning delay in filing MCC application. Cost of Rs.2,500/- to be deposited.

Madhyapradesh Jesuits Loyola Niketan… — Civil Procedure and Limitation | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 399 of 2016

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Madhyapradesh Jesuits Loyola Niketan Lingiyadeha Aged About 55 Years Bilaspur Through Father Fabiyanus Minj, Aged About 55 Years, S/o Late Shri Stanislas Minj, Treasurer Madhyapradesh Jesuits Loyola Niketan Lingiyadeeha Bilaspur, R/o Loyola Niketan Lingiyadeeha Bilaspur, Police Station Sarkanda, Bilaspur, Tahsil And District Bilaspur Chhattisgarh

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---- Applicant

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Versus

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Shri Ravatpura Sarkar Ashram Gram Panchayat Dhaneli, Raipur, Tahsil And District Raipur Chhattisgarh

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Ravatpura Sarkar, Lok Kalyan Trust, Bilapsur, Through Its Member Ajay Singh, S/o Dr. B. S. Singh, R/o Rajkishore Nagar Lingiyadeeha Bilaspur, Tahsil And District Bilaspur Chhattisgarh

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Ravatpura Sarkar, Lok Kalyan Trust, Bilaspur, Through Its Member Praveen Shukla, S/o Chandrika Prasad Shukla, R/o Gandhi Nagar Bilaspur, Tahsil And District Bilapsur Chhattisgarh

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State Of Chhattisgarh Through Its Collector Bilaspur Chhattisgarh

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---- Respondents

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For Applicant : Mr. Ajay Kumar Barik, Advocate For respondents No.1 to 3 : None appears though served For State : Mr. Bhaskar Payashi, Panel Lawyer

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DB : Hon'ble Shri Justice Manindra Mohan Shrivastava

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Hon'ble Smt. Justice Vimla Singh Kapoor

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Order On Board

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02/08/2018

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Heard on I.A. No.1, application for condonation of delay in filing the restoration application.

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Upon due consideration, the application is allowed. Delay in filing the restoration application (MCC) is condoned.

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Heard on prayer for restoration of the First Appeal.

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Taking into consideration as there is no opposition to the prayer for restoration and further taking into consideration that the appeal was filed arising out of judgment relating to immovable property, we are inclined to recall the order of dismissal for want of prosecution passed earlier on 27.11.2014 and restored to its original number F.A. No.31 of 2013. The MCC is accordingly allowed.

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The cost of Rs.2,500/- shall be deposited in the Legal Aid Committee and receipt shall be filed.

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Sd/Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge

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Rekha

Madhyapradesh Jesuits Loyola Niketan Lingiyadeha v. Shri Ravatpura Sarkar Ashram

Case brief

What is this about?

What did the court decide?

Madhyapradesh Jesuits Loyola Niketan Lingiyadeha v. Shri Ravatpura Sarkar Ashram

Case brief

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What did the court decide?

What the court decided

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