Allowed

Rameshwari Bai and Another v. (Deleted) Smt. Gayatri Bai (Died)

Chhattisgarh HC13 Oct 2023MCC/315/2017

Case brief

AI extract

What is this about?

This order considers two applications: condonation of delay for filing MCC No. 315 of 2017 and restoration of SA No. 33/2006. The court condoned a 170-day delay, allowed the MCC, and restored the dismissed SA subject to payment of legal costs within 10 days.

What did the court decide?

Application for condonation of delay allowed; Summary Application No. 33/2006 restored subject to deposit of ₹2,000.

Rameshwari Bai and Another Vs (Deleted)… — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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MCC No. 315 of 2017

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 315 of 2017

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Rameshwari Bai W/o Late Kejau Ram Aged About 64 Years (Expired)

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Phool Singh S/o Late Kejau Ram Sahu, Aged About 46 Years

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Both are R/o Village Amdi P.O Aamdi Tahsil Dhamtari Distt. Raipur (Now Dhamtari) Chhattisgarh.

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---- Applicants

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Versus

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(Deleted) Smt. Gayatri Bai (Died) As Per Hon'ble Court Order Dated 28/07/2023

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(Deleted) Smt. Savitri Bai (Died) As Per Honble Court Order Dated 22-11-2021 And 11-03-2022.

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The State of Madhya Pradesh (Now Chhattisgarh), Through Collector Raipur (Now Dhamtari) Chhattisgarh.

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---- Non-Applicants/Respondents

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For Applicant(s) :- Mr. Arvind Dubey, Advocate. For State :- Mr. Ali Asgar, Dy. Advocate General.

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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13/10/2023

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

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Issue notice to respondent on I.A. No.1.

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Learned State counsel accepts notice on behalf of

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MCC No. 315 of 2017

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respondent/non-applicant.

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After hearing learned counsel for the parties, I am of the considered opinion that sufficient cause has been shown for condoning the delay of 170 days in filing the instant MCC. Accordingly, I.A. No.1 is allowed.

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Also heard on application for restoration of SA No. 33/2006.

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The applicant seeking restoration of SA No. 33/2006 which was dismissed by this Court on 17.08.2016 for want of prosecution.

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On due consideration and for the reasons mentioned in the application, the instant MCC is allowed and SA No. 33/2006 is restored to its original number for hearing and disposal in accordance with law subject to payment of cost of ₹ 2,000/towards the High Court Legal Services Committee and file proof thereof within 10 days from today. It is made clear that failure to deposit amount of cost by the applicant within the stipulated time shall lead to automatic dissolution of this order.

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Sd/- (Sanjay K. Agrawal) Judge

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Ankit

Rameshwari Bai and Another v. (Deleted) Smt. Gayatri Bai (Died)

Case brief

What is this about?

What did the court decide?

Rameshwari Bai and Another v. (Deleted) Smt. Gayatri Bai (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

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