Skip to main content
LawSphereX

RAMCHANDAR v. BITTHALDAS THR. LR. SHASHIKANT

Court: High Court of Madhya Pradesh

Judgment date:

Case summary

High Court of Madhya Pradesh judgment dated 2024-02-02. RAMCHANDAR v. BITTHALDAS THR. LR. SHASHIKANT. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA nd ON THE 2 OF FEBRUARY, 2024 SECOND APPEAL No. 120 of 2007 BETWEEN:- 1. RAMCHANDAR S/O LATE SHRI GORDHANLAL, AGED ABOUT 48 YEARS, OCCUPATION: KASTKARI, R/O VILLAGE SILPATI BARWAL, AT PRESENT DHANMANDI, BIAORA PARGANA BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 2. SMT. PREMLATA D/O GORDHANLAL W/O RAMCHANDRA, AGED ABOUT 53 YEARS, OCCUPATION: HOUSEHOLD, R/O NEAR KHADE HANUMAN MANDIR, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 3. JAMNAPRASAD S/O GORDHAN, AGED ABOUT 51 YE A R S , OCCUPATION: GOVT. SERVANT, R/O NARSINGHGARH (TEACHER COLONY), PARGANA NARSINGHGARH, DISTT. RAJGARH (MADHYA PRADESH) ..... APPELLANTS (NONE FOR THE APPELLANTS) AND 1A. BITTHALDAS THR. LR. SHASHIKANT WD/O LATE SHRI BITTHALDAS SHARMA, AGED ABOUT 50 YEAR S, R/O ANJANI MANDIR ROAD, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 1B. GOPAL SHARMA S/O LATE BITTHALDAS SHARMA, AGED ABOUT 42 YEARS, ANJANI R/O ANJANI MANDIR ROAD, BIAORA, DISTT.

RAJGARH (MADHYA PRADESH) 1C. DHARMENDRA S/O LATE SHRI BITTHALDAS SHARMA, AGED ABOUT 35 YEARS, R/O ANJANI MANDIR ROAD, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) Signature Not Verified Signed by: TEJPRAKASH Signing time: 2/3/2024 10:46:17 AM 1D. DEVENDRA S/O LATE BITTHALDAS SHARMA, AGED ABOUT 32 YEARS, R/O ANJANI MANDIR ROAD, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 1E. SHAILENDRA S/O BITTHALDAS SHARMA, AGED ABOUT 30 YEARS, R/O ANJANI MANDIR ROAD, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 1F. RAGHVENDRA S/O BITTHALDAS SHARMA, AGED ABOUT 29 YEARS, R/O ANJANI MANDIR ROAD, BIAORA, DISTT. RAJGARH (MADHYA PRADESH) 2. KAMLABAI W/O BADRIPRASAD, AGED ABOUT 73 YEARS, NEAR BIHARI MANDIR, BIAORA DISTT. RAJGARH (MADHYA PRADESH) 3A. SHANTIBAI (DECEASED) THROUGH LR GOPAL S/O DHOOLJI, R/O JAIL ROAD, RAJGARH DISTT. RAJGARH (MADHYA PRADESH) SHANTIBAI (DECEASED) THROUGH LR SMT. 3B. GIRIJABAI W/O JUGALKISHORE JOSHI, R/O NEAR PARAYAN CHOWK, RAJGARH DISTT.

RAJGARH (MADHYA PRADESH) SHANTIBAI (DECEASED) THROUGH LR INDIRA BAI W/O GIRISH R/O PACHORE, RAJGARH DISTT. 3C. RAJGARH (MADHYA PRADESH) 4. KAILASHIBAI W/O KALYANJI, AGED ABOUT 58 YEARS, OCCUPATION: HOUSE HOLD JHALAWAR (RAJASTHAN) 5. KASHIBAI W/O KAMLASHANKAR, AGED ABOUT 52 YEARS, OCCUPATION: HOUSEHOLD, R/O BICHLIRAVLA, MACHALPUR, DISTRICT RAJGARH (MADHYA PRADESH) 6A. GEETABAI (DECEASED) THROUGH LR SMT. SUSHILA UPADHAYAYA W/O SUMITI PRAKASH UPADHYAYA, AGED 59 YEARS, R/O ARYA SAMAJ CHOWK, BIAORA, DISTRICT RAJGARH (MADHYA PRADESH) GEETABAI (DECEASED) THROUGH LR SATYEN 6B. TIWARI S/O LATE SHRI PURSHOTTAM TIWARI, AGED 57 YEARS, R/O SHAHID COLONY, NEAR KELA MATA TEMPLE, BIAORA, DISTRIC RAJGARH (MADHYA PRADESH) Signature Not Verified Signed by: TEJPRAKASH Signing time: 2/3/2024 10:46:17 AM GEETABAI (DECEASED) THROUGH LR DR. MAHESH KUMAR TIWARI S/O LATE SHRI 6C. PURSHOTTAM TIWARI, AGED 55 YEARS, R/O A-38, PATEL NAGAR, RAISEN ROAD, BHOPAL (MADHYA PRADESH) 7.

STATE OF MP THROUGH COLLECTOR RAJGARH (MADHYA PRADESH) 8. NAYAB TEHSILDAR, CIRCLE SUTHALIYA, DISTT. - RAJGARH (MADHYA PRADESH) 9. SUB DIVISIONAL OFFICER, BIAORA DISTT. RAJGARH (MADHYA PRADESH) 10. TOWN INSPECTOR, BIAORA, DIST. RAJGARH (MADHYA PRADESH) ..... RESPONDENTS (SHRI AMIT RAVAL - GOVT. ADVOCATE FOR THE RESPONDENTS NO. 7 TO 10 / STATE) This appeal coming on for admission this day, th e court passed the following: ORDER From perusal of the earlier order sheets, it reveals that nobody has marked appearance on behalf of the appellants on earlier occasions i. e. on 03/09/2019, 16/09/2019, 15/10/2019, 04/02/2020 and 13/03/2020. Today also nobody appeared on behalf of the appellants. It is apparent that for last five years, nobody is appearing on behalf of the appellants. On 03/09/2019 this Court had directed the appellant to make default good within stipulated period else the appeal was directed to be dismissed without reference to the Court.

Despite specific direction, order dated 03/09/2019 has not been complied with for last five years. The repeated non-appearance of the appellants is sufficient to show that appellants have lost their interest in prosecuting this second appeal. Signature Not Verified Signed by: TEJPRAKASH Signing time: 2/3/2024 10:46:17 AM Therefore, the second appeal is dismissed in default for want of prosecution. Let record of both the Courts below be returned to the concerned Courts below along with copy of this order. (ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH Signing time: 2/3/2024 10:46:17 AM

Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.