Laxman Kushwah vs Gayadeen
2022 Latest Caselaw 9686 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                           ON THE 14th OF JULY, 2022

                     MISC. PETITION No. 859 of 2020

        Between:-
        LAXMAN KUSHWAH S/O SHRI RAGHUVEER
        KUSHWAH,   AGED   ABOUT     56   YEARS,
        BAIRAGPURA, WARD NO. 29, KASWA DISTRICT
        BHIND (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI SURESH AGRAWAL-ADVOCATE)

        AND

        GAYADEEN S/O SHRI RAGHUVEER KUSHWAH ,
        AGED ABOUT 58 YEARS, BAIRAGPURA WARD
        NO. 29, KASWA BHIND DISTRICT BHIND
        (MADHYA PRADESH)

                                                            .....RESPONDENTS
        (NONE FOR THE RESPONDENT)

      Th is petition coming on for hearing this day, th e court passed the
following:
                                   ORDER

None appeared on behalf of the respondent, even though notice served

on 18.03.2020.

Matter is heard finally.

Petitioner has filed this petition being aggrieved by the order dated 6.12.2019 (Annexure P-1) passed by Second Additional District Judge, Bhind in RCA32/2017 by which his application for depositing Court fee of Rs.1800/- has been dismissed on the ground of delay.

In brief, facts necessary for disposal of the case are that petitioner had

filed a suit for partition, declaration and seeking possession agaisnt the respondent, who his brother. The suit was decreed and it was ordered that within one month the petitioner/plaintiff shall deposit Court fee of Rs.1800/- which he could not deposit. He filed an application before the trial Court which was dismissed. Thereafter, respondent/defendant filed an appeal before the Appellate Court in which petitioner has filed an application seeking permission to deposit the Court fee of Rs.1800/- as directed by the trial Court which was also dismissed.

Having considered the arguments advanced by learned counsel for the petitioner and looking to the facts of the case, the petition is hereby allowed.

The trial Court is directed to take the Court fee of Rs.1800/- as directed by its judgment and decree.

Respondent/defendant is hereby directed to pay Rs.250/- as cost to the petitioner/plaintiff.

With aforesaid, the petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE vv

VALSALA VASUDEVAN 2022.07.15 10:32:54 +05'30'