Mukund v. Panku (Died) through Legal Heirs.

Chhattisgarh HC3 Jan 2024MCC/773/2023

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; MCC No. 773 of 2023; recall of dismissal order dated 16.10.2023; restoration of WP227 No. 549 (2013/2023 as printed); dismissal for non-appearance of both sides; substitution of legal representatives/legal heirs of deceased parties (Naresh, Panku); cost Rs. 1,000/- to High Court Legal Aid Committee; Justice Rakesh Mohan Pandey; 14.12.2023; NAFR.

What did the court decide?

Recall of the order dated 16.10.2023 dismissing WP227 No. 549 (cited as 'of 2013' and 'of 2023' in different sentences of the order) and restoration of the writ petition to its original number, subject to payment of cost of Rs. 1,000/- to the High Court Legal Aid Committee. ¶¶21

Mukund Vs Panku (Died) through Legal Heirs. — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 773 of 2023

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1- Mukund S/o Late Shri Chain Aged About 70 Years R/o Village Singanpur, Post - Singanpur, Thana - Badanji, Tahsil - Jagdalpur But Now Tokapal, Civil And Revenue District - Bastar, Chhattisgarh. 2- Smt. Tulawati W/o Shri Mukund Aged About 65 Years R/o Village Singanpur, Post - Singanpur, Thana - Badanji, Tahsil - Jagdalpur, But Now Tokapal, District - Bastar, Chhattisgarh. 3- Naresh (Died) Through His Legal Heirs. As Per The Honble Court Order Dated. 13/13/2021 And 13/04/2021.

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3.1-(A). Smt. Sonamani @ Sona Sethiya Wd/o Late Naresh Sethiya, Aged About 47 Years

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R/o Village Singanpur, Schoolpara, Tahsil - Tokapal, Post - Singanpur, Thana – Badanji, Civil And Revenue District - Bastar, Chhattisgarh.

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3.2-(B). Hemant Sethiya S/o Late Naresh Sethiya Aged About 27 Years R/o Village Singanpur, Schoolpara, Tahsil - Tokapal, Post - Singanpur, Thana - Badanji, Civil And Revenue District - Bastar, Chhattisgarh. 3.3-(C). Gaytri Sethiya D/o Late Naresh Sethiya Aged About 24 Years R/o Village Singanpur, Schoolpara, Tahsil - Tokapal, Post - Singanpur, Thana - Badanji, Civil And Revenue District - Bastar, Chhattisgarh.

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4- Dayamani W/o Shri Naresh Aged About 50 Years R/o Village Singanpur, Post - Singanpur, Thana - Badanji, Tahsil - Jagdalpur, But Now Tokapal, District - Bastar, Chhattisgarh. ---- Applicants

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Versus

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1- Panku (Died) Through Legal Heirs. As Per Honble Court Order Dated. 19/07/2023.

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1.1-(A). Smt. Lachmani @ Kache @ Kachri Wd/o Late Hari, Aged About 55 Years R/o Village Keshapur, Block Darba, Post - Chingpal, Tahsil - Darbha, District - Bastar, Chhattisgarh.

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1.2-(B). Bhagchand S/o Late Hari Aged About 20 Years R/o Village Keshapur, Block Darba, Post - Chingpal, Tahsil - Darbha, District - Bastar, Chhattisgarh. ---- Respondents

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(Cause-title taken from Case Information System)

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------------------------------------------------------------------------------------------------------------For Applicants : Mr. Alok Kumar Dewangan, Advocate.

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--------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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14.1 2.202 3

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1 . Learned counsel for applicants would submit that due to unavoidable circumstances, he could not appear when WP227 No. 549 of 2013 was taken up for hearing on 16.10.2023. He would further submit that application for substitution of legal representatives was allowed and legal representatives were substituted. He would further submit that the applicants are interested in prosecution of the case, thus he would pray for recall of order dated 16.10.2023.

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2 . It appears that on 16.10.2023, when the matter was taken up for hearing, no one appeared on behalf of either petitioners or respondents, therefore, the case was dismissed.

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3 . Taking into consideration the submissions made by the learned counsel for applicants, in opinion of this court, present is a fit case to recall the order passed in WP227 No. 549 of 2013 dated 16.10.2023. Consequently, the application is allowed and WP227 No. 549 of 2023 is restored to its original number, subject to payment of cost of Rs. 1,000/- payable to the High Court Legal Aid Committee.

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Sd/- (Rakesh Mohan Pandey) Judge

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Ajinkya

Mukund v. Panku (Died) through Legal Heirs.

Case brief

What is this about?

What did the court decide?

Mukund v. Panku (Died) through Legal Heirs.

Case brief

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