Allowed

Murti Shri Mahavir Swami Mandir Sorla v. Gulab Das (Died) Through Legal Heirs- (a) Durga Bai

Chhattisgarh HC4 Feb 2024MCC/216/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh condoned a one-day delay in filing an application for restoration of a Second Appeal dismissed for want of prosecution. The Main Civil Misc. Application was allowed, and the appeal was restored subject to the payment of costs.

What did the court decide?

Second Appeal No. 529/2003 restored subject to payment of cost of Rs. 2,000/- before the High Court Legal Services Committee.

Murti Shri Mahavir Swami Mandir Sorla Vs… — Civil Procedure and Limitation | Chhattisgarh HC (2024)

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1 (MCC No. 216 of 2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 216 of 2019

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Murti Shri Mahavir Swami Mandir Sorla Tahsil Bemetara, District Durg, Chhattisgarh, Sarvarkar Asanna Mishra Chandrika S/o Sukaram Das, District : Durg, Chhattisgarh

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Chandrika Das (Died) Through Legal Heirs- Nil 2.1 - (A) Jayanti Bai W/o Chandrika Das Vaishnav, Aged About 80 Years R/o Village Sorla, Post- Kusmi, Tahsil Berla, District Bemetara(Chhattisgarh)

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2.2 - (B) Swarnaprabha D/o Chandrika Das Damodar Das, Aged About 60 Years R/o Village Sorla, Post- Kusmi, Tahsil Berla, District Bemetara (Chhattisgarh) 2.3 - (C) Hem Prabha Vaishnav W/o Dinish Das Vaishnav, Aged About 58 Years R/o Shakti Nagar, Near Vardhman Nagar, Rajnandgaon, District Rajnandgaon (Chhattisgarh) 2.4 - (D) Santosh Kumar Vaishnav S/o Late Shri Chandrika Das Vaishnav, Aged About 56 Years R/o Village Sorla, Post- Kusmi, Tahsil Berla, District Bemetara (Chhattisgarh) 2.5 - (E) Sangeeta Vaishnav W/o Suresh Das Vaishnav, Aged About 54 Years R/o Village, Post And Tahsil Abhanpur, District Raipur (Chhattisgarh) 2.6 - (F) Laxmi Vaishnav, W/o Shiv Kumar Vaishnav, Aged About 53 Years R/o Katalvahi, Post Devkatta, Tahsil Dongargarh, District Rajnandgaon (Chhattisgarh) 2.7 - (G) Rishi Kumar Vaishnav, S/o Late Chandrika Das Vaishnav, Aged About 51 Years R/o Village Sorla, Post- Kusmi, Tahsil Berla, District Bemetara (Chhattisgarh) 2.8 - (H) Ravindra Kumar Vaishnav, S/o Late Chandrika Das Vaishnav, Aged About 51 Years R/o Village Sorla, Post- Kusmi, Tahsil Berla, District Bemetara (Chhattisgarh)

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---- Applicants

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Versus

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Gulab Das (Died) Through Legal Heirs-

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(A) Durga Bai Wd/o Damodar Das, Aged About 60 Years R/o Village- Bharari, Tahsil Malhar, District Bilaspur (Chhattisgarh) Presently Address- Village Sorla, Tahsil Berla, District Bemetara (Chhattisgarh)

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- (A) Dhela Bai Wd/o Firanta Sahu Aged About 45 Years R/o Village Sorla Tah. Bemetara, District- Durg, Chhattisgarh 2. - (B) Mishri S/o Firanta Sahu Aged About 22 Years R/o Village Sorla Tah. Bemetara, District- Durg, Chhattisgarh 2. - (C) Dadhi S/o Firanta Aged About 19 Years R/o Village Sorla Tah. Bemetara, District- Durg, Chhattisgarh

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State Of M.P. (Now Chhattisgarh) Through The Collector Durg, Chhattisgarh., District : Durg, Chhattisgarh

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---- Non-applicants

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(Cause-title taken from the Case Information System)

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(MCC No. 216 of 2019)

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For Applicant :- Mr. B.S.Rajput, Counsel For Non-applicant-State :- Mr. S.S.Baghel, Dy. G.A.

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

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05.02.2024

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1. Heard on IA No.01 , which is an application seeking condonation of delay in filing the application for restoration of Second Appeal No. 529/2003.

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2. For the reasons stated in the application, the same is allowed and the delay of 01 day caused in filing the instant MCC is hereby condoned.

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3. With the consent of the parties, heard finally.

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4. This MCC has been filed seeking restoration of SA No. 529/2003 which was dismissed for want of prosecution by order of this Court dated 11.01.2019.

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5. For the reasons stated in the application, the same is allowed. SA No. 529/2003 is restored to its original number subject to payment of cost of Rs.2,000/- (Rupees Two Thousand Only) before the High Court Legal Services Committee and file proof thereof before this Court on or before 19.02.2024. It is made clear that failure to deposit amount of cost by the applicant within the above time frame, will lead to automatic dissolution of this order.

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6. Accordingly, the MCC is allowed .

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@d!t!

Murti Shri Mahavir Swami Mandir Sorla v. Gulab Das (Died) Through Legal Heirs- (a) Durga Bai

Case brief

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Murti Shri Mahavir Swami Mandir Sorla v. Gulab Das (Died) Through Legal Heirs- (a) Durga Bai

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