Anil Valke vs Topram Rahandale
2022 Latest Caselaw 15929 MP

                                                           1
                          IN    THE       HIGH      COURT OF MADHYA                      PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                             ON THE 1 st OF DECEMBER, 2022
                                            MISC. CIVIL CASE No. 2776 of 2022

                          BETWEEN:-
                          ANIL VALKE S/O SHRI DILEEP VALKE, AGED ABOUT 30
                          YEAR S , OCCUPATION: AGRICULTURE R/O VILLAGE
                          KORJA TEHSIL PARASWADA, DISTRICT BALAGHAT
                          (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI V.MISHRA, ADVOCATE )

                          AND
                          1.    TOPRAM RAHANDALE S/O SHRI PREMLAL
                                RAHANDALE R/O WARD NO. 9, BAIHAR TEHSIL
                                BAIHAR   DISTRICT BALAGHAT     (MADHYA
                                PRADESH)

                          2.    GANGARAM S/O SHRI PREMLAL RAHANDALE
                                R/O CHHAPLA, TEHSIL BIRSA, DISTRICT
                                BALAGHAT (MADHYA PRADESH)

                          3.    BASANTLAL S/O SHRI PREMLAL RAHANDALE R/O
                                CHHAPLA, TEHSIL BIRSA, DISTRICT BALAGHAT
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (NONE )

                                This application coming on for admission this day, the court passed the
                          following:
                                                            ORDER

This is an application for restoration of MP No. 1002/2021, which was dismissed for non-compliance of peremptory order dated 11-06-2021.

Counsel for the petitioner contends that there was certain defects

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/2/2022 12:29:04 PM

regarding legible copies, attestation and certified copy of the impugned judgment etc, which could not be cured within the stipulated period granted by this Court.

It is contended by the counsel that the counsel was under the impression that an application seeking exemption from filing certified copy of the impugned judgment was moved but, ultimately, on account of peremptory order dated 11- 06-2022, MP No. 1002/21 was dismissed.

Upon taking into consideration, the contents of IA No. 13992/22, which is an application seeking condonation of delay, the same is allowed.

Upon taking into consideration, the contents of application for

restoration, which is supported by an affidavit of the counsel, the same is allowed.

Let MP No. 1002/2021 be restored to its original number subject to removal of defect within a period of 15 days from today.

Registry is directed to verify the factum of removal of defect. With the aforesaid, the MCC is allowed/disposed off.

(MANINDER S. BHATTI) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/2/2022 12:29:04 PM