Allowed

(Deleted) Hari Singh (Died) Through Lrs. v. Ghasiram (Dead) through Lrs

Chhattisgarh HC20 Dec 2023MCC/934/2019

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed an MCC filed for restoration of Special Appeal No. 405 of 2004, which had been dismissed for want of prosecution, recalling the impugned order subject to payment of court fees.

What did the court decide?

Order dated 19.08.2019 recalled; SA No.405 of 2004 restored to original number subject to payment of Rs.2,000/- and filing of proof before the Court on or before 02.01.2024.

(Deleted) Hari Singh (Died) Through Lrs… — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 934 of 20 19

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1 - (Deleted) Hari Singh (Died) Through Lrs. As Per Honble Court Order Dated 24-11-2023.

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1.1 - (I)1(A) Smt. Subhati W/o Late Hari Singh Aged About 50 Years Nil

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1.2 - (Ii)1(B) Pareshar S/o Late Hari Singh Aged About 30 Years Nil

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1.3 - (Iii)1(C) Roop Singh S/o Late Hari Singh Aged About 28 Years Nil

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1.4 - (Iv)1(D) Shiv S/o Late Hari Singh Aged About 25 Years R/o Village Biringpal, Jagdalpur, District Bastar, Chhattisgarh.

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1.5 - (V)1(E) Smt. Bhagwati D/o Late Hari Singh Aged About 40 Years R/o Village And Post Mawlibhatha, Police Station Parpa, Tahsil Tonkapal, District Bastar (C.G.)

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1.6 - (Vi)1(F) Smt. Devwati D/o Late Hari Singh Aged About 38 Years R/o Village And Post Tirathgarh, Police Station Darbha, Tahsil Darbha, District Bastar (C.G.)

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2 - Srinath (Since Deceased) Through Lrs.

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2.1 - (A) Manki W/o Chaitu Aged About 30 Years D/o Shrinath, Village And Post Bhanpuri, Tahsil And District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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2.2 - (B) Madan Singh S/o. Shrinath Aged About 25 Years R/o. VillageBiringpal, Tahsil-Jagdalpur, District. Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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2.3 - (C) Tabin Singh S/o. Shrinath Aged About 22 Years R/o VillageBiringpal, Tahsil Jagdalpur, District. Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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3 - Duryodhan S/o Late Jairam Aged About 35 Years Resident Of Village Biringpal, Jagadalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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4 - Tagruram S/o. Late Jairam Aged About 60 Years Resident Of Village Biringpal, Jagadalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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5 - Kursoram S/o. Late Samnath Aged About 60 Years Residents Of Village Biringpal, Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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---- Applicants

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Versus

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1 - Ghasiram (Dead) Through Lrs Through Lrs.

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1.1 - (Deleted) D(A) Smt. Jaamwati (Died) As Per Honble Court Order Dated 24-112023.

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1.2 - (B) Heera Singh S/o Late Ghasi Ram Aged About 50 Years R/o VillageBiringpal, Tahsil-Jagdalpur, District-Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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1.3 - (C) Mohan Singh S/o Late Ghasi Ram Aged About 45 Years R/o VillageBiringpal, Tahsil-Jagadalpur, District-Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

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Page 2 of 2

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1.4 - (D) Tilak Singh S/o Late Ghasi Ram Aged About 40 Years R/o VillageBiringpal, Tahsil-Jagadalpur, District-Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 1.5 - (E) Badri Singh S/o Late Ghasi Ram Aged About 35 Years R/o VillageBiringpal, Tahsil-Jagadalpur, District-Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 3 - Gayaram S/o Late Balram Aged About 50 Years Resident Of Village Biringpal, Jagadalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4 - State Of Chhattisgarh, Through The Collector, Bastar At Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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---- Non-applicants

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(Cause-title taken from Case Information System)

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For Applicant : Mr. Varunendra Mishra, Advocate For Non-applicants : None in two rounds.

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

20. 12.2023

1. Heard.

2. Admit .

3. Also heard finally.

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2. This MCC has been filed seeking restoration of SA No.405 of 2004 which was dismissed for want of prosecution by order dated 19.08.2019.

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3. For the reasons stated in the application, the same is allowed. Order dated 19.08.2019 is hereby recalled. SA No.405 of 2004 is restored to its original number subject to payment of cost of Rs.2,000/- (Rupees Two Thousand Only) before High Court Legal Services Committee and file proof thereof before this Court on or before 02.01.2024. It is made clear that failure to deposit amount of cost by the applicant within above time frame, will lead to automatic dissolution of this order.

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4. Accordingly, the MCC is allowed .

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Sd/- (Sanjay K. Agrawal) Judge

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s@if

(Deleted) Hari Singh (Died) Through Lrs. v. Ghasiram (Dead) through Lrs

Case brief

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(Deleted) Hari Singh (Died) Through Lrs. v. Ghasiram (Dead) through Lrs

Case brief

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