Allowed

Niyaz Ahmad v. Gulam Habib

Chhattisgarh HC5 Feb 2024MCC/346/2021

Case brief

AI extract

What is this about?

Legal representatives of a deceased applicant sought restoration of Second Appeal No. 512/2007 dismissed for non-compliance. The court permitted the LRs to prosecute the matter, condoned the 132-day delay in filing the restoration application, and restored the appeal subject to payment of costs.

What did the court decide?

Delay of 132 days condoned; LRs permitted; SA No. 512/2007 restored subject to Rs. 2,000/- cost deposited within 15 days.

Niyaz Ahmad Vs Gulam Habib — Property and Title | Chhattisgarh HC (2024)

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(MCC No. 346 of 2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 346 of 2021

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Niyaz Ahmad S/o Late Gulam Ahmad Aged About 60 Years R/o Ward No. 6, Baikunthpur, District Korea Chhattisgarh

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Ajaj Ahmad S/o Late Gulam Ahmad Aged About 55 Years R/o Ward No. 6, Baikunthpur, District Korea Chhattisgarh

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Sanjida Begam D/o Late Gulam Ahmad Aged About 57 Years R/o Ward No. 6, Baikunthpur, District Korea Chhattisgarh.

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Parveen Bano W/o Late Imtiyaz Ahmad Aged About 39 Years R/o Junapara, Baikunthpur, District Korea Chhattisgarh

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Imran Ahmad S/o Late Imtiyaz Ahmad Aged About 21 Years R/o Junapara, Baikunthpur, District Korea Chhattisgarh

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Jeba D/o Late Imtiyaz Ahmad Aged About 18 Years R/o Junapara, Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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(Gulam Ahmed (Since Died) Through Lrs., District : Koriya (Baikunthpur), Chhattisgarh

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---- Applicants

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Versus

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Gulam Habib S/o Late Gulam Nabi Aged About 45 Years R/o Gelhapani, Chowki, Korea, Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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Nizamuddin S/o Late Gulam Nabi Aged About 46 Years R/o Gelhapani, Chowki, Korea, Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

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Gulam Kasim S/o Late Gulam Nabi Aged About 35 Years R/o Village Junapara, Police Station And Tahsil Baikuntpur District Korea., District : Koriya (Baikunthpur), Chhattisgarh

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Gulam Mahbub S/o Late Gulam Nabi Aged About 31 Years R/o Village Junapara, Police Station And Tahsil Baikuntpur District Korea., District : Koriya (Baikunthpur), Chhattisgarh

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(MCC No. 346 of 2021)

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Jamaluddin S/o Late Gulam Nabi Aged About 50 Years R/o Gelhapani, Chowki Korea, District Korea Chhattisgarh. (Smt. Jainab Bibi Since Died) Through Lrs., District : Koriya (Baikunthpur), Chhattisgarh

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State Of Chhattisgarh Through Collector Korea, Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), 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. Shubhank Tiwari, Counsel For Non-applicant-State :- Mr. Rahul Tamaskar, GA For Non-applicants :- Mr. Sunil Tripathi, Counsel

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

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06.02.2024

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Heard on IA No.01, which is an application seeking permission to file the application on behalf of the legal representatives of deceased applicant Gulam Ahmed.

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For the reasons stated in the application, the same is allowed. The legal representatives of deceased applicant Gulam Ahmed, as proposed in this MCC, be permitted to file this MCC on his behalf.

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Also heard on IA No.02, which is an application seeking condonation of delay in filing the application for restoration of Second Appeal No. 512/2007.

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For the reasons stated in the application, the same is allowed and the delay of 132 days caused in filing the

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(MCC No. 346 of 2021)

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instant MCC is hereby condoned.

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With the consent of the parties, heard finally.

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This MCC has been filed seeking restoration of Second Appeal No.512/2007 which was dismissed for noncompliance of this Court’s peremptory order dated 04.10.2019.

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For the reasons stated in the application, the same is allowed. SA No.512/2007 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 within 15 days from today. 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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Accordingly, the MCC is allowed.

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Niyaz Ahmad v. Gulam Habib

Case brief

What is this about?

What did the court decide?

Niyaz Ahmad v. Gulam Habib

Case brief

What is this about?

What did the court decide?

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