Disposed

Smt. Sharda Bai v. Smt. Shashi Parihar

Chhattisgarh HC4 Jul 2023MCC/239/2023

Case brief

AI extract

What is this about?

This order grants leave to condone delay in restoring a writ petition under Article 227. The applicant, an illiterate rustic villager, was unable to comply with a previous instruction to remove registry defaults due to absence of counsel. The court grants four weeks to rectify the defaults.

What did the court decide?

Condoned delay; restored WP227 No.815 of 2015; granted four weeks to remove defaults.

Smt. Sharda Bai Vs Smt. Shashi Parihar — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 239 of 2023

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Smt. Sharda Bai W/o Kalinder Singh Aged About 45 Years Caste Rajput, R/o Village Sonapara, Post Office Bharvah, District : Koraput, Orissa

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---- Applicant

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Versus

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1. Smt. Shashi Parihar W/o Manohar Singh Parihar R/o Kasawahi, Post Office, Dokla, Tahsil Charama, District : Kanker, Chhattisgarh

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1. Brijlal Singh S/o Bisahu Singh Parihar Caste Rajput, R/o Village Badegori, Post Office Lilejhar, Police Station And Tahsil Charama, District : Kanker, Chhattisgarh

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1. Smt. Geeta Bai Wd/o Chhabilal Parihar R/o Village Keshkal, District : Bastar(Jagdalpur), Chhattisgarh

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1. Nem Singh @ Nemlal Singh Parihar R/o Village Khallari, Tahsil Vishrampuri (Keshkal), District : Bastar(Jagdalpur), Chhattisgarh

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1. Jagmohan Singh Parihar S/o Chhabilal Singh Parihar Caste Rajput, R/o Village Dokla Police Station And Tahsil Charama, District : Kanker, Chhattisgarh

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1. Smt. Rukhmani @ Sukbati D/o Bisahu Parihar R/o C/o Ratan Singh, Retired Forester, Forest Colony Kapsi, Post Office Kapsi, Tahsil Bhanupratappur, District : Kanker, Chhattisgarh

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1. (A) Duryodhan Singh S/o Vikram Singh Caste Rajput, R/o Village Dodki, Forest Guard, Police Chowki, District : Rajnandgaon, Chhattisgarh

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7.1-(B) Manohar Singh S/o Late Vikram Singh Rajput 7.2-(C) Uttam Singh S/o Late Rajendra Singh 7.3- (D) Jalram Singh Parihar S/o Late Vikram Singh Parihar

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1. State Of Chhattisgarh Through The Collector, Kanker, District : Kanker, Chhattisgarh

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	---- Respondents
For Applicant	: Mr. Praveen Dhurandhar, Advocate
For the State	: Mr. Tarkeshwar Nande, P. L.

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_____________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput,

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Order on Board

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04.07.2023

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

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restoration application.

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1. For the reason mentioned in the application, the delay is condoned.

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1. This is an application for restoration of WP227 No. 815 of 2015.

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1. Learned counsel for the applicant submits that he had filed a writ petition bearing WP227 No.815 of 2015 under Article 227 of the Constitution of India. The case was listed on 05.04.2016 for orders on defaults pointed out by the Registry. The Hon’ble Court directed the petitioner to remove the defaults within 2 weeks, failing which, the petition shall stand dismissed without further reference to the Bench. He further submits that the applicant is a rustic villager of Odisha, she is an illiterate lady and the order dated 05.04.2016 was passed in absence of counsel for the applicant, therefore, in given time, order could not be complied. He submits that one more opportunity may be granted to remove the default and prays to restore the petition in its original number.

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1. Heard learned counsel for the parties, perused the application, in the considered opinion of this Court, the ends of justice would be served if last opportunity is granted to the applicant, therefore, the petition is restored to its original number and applicant is granted four weeks time from today to remove the default as pointed out by the Registry, failing which this order will lose its efficacy.

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1. With these observations, present MCC is disposed of.

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Sd/-

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(Sachin Singh Rajput) Judge

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Parul

Smt. Sharda Bai v. Smt. Shashi Parihar

Case brief

What is this about?

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Smt. Sharda Bai v. Smt. Shashi Parihar

Case brief

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