Nikhil Chourasia vs Smt. Prem Bai
2022 Latest Caselaw 13684 MP

Citation : 2022 Latest Caselaw 13684 MP
Judgement Date : 17 October, 2022

Madhya Pradesh High Court

Nikhil Chourasia vs Smt. Prem Bai on 17 October, 2022

Author: Dwarka Dhish Bansal

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           FA No. 52 of 2016
                                         (NIKHIL CHOURASIA AND OTHERS Vs SMT. PREM BAI AND OTHERS)

                           Dated : 17-10-2022
                                 Shri Sharad Gupta, Advocate for the appellants.

                                 Shri Durgesh Pandey, Advocate for the respondent no.3 to 6.

Shri Anil Upadhyaya, Panel Lawyer for the respondent no.7/State. Heard on IA no.621/2016 which is an application for condonation of delay in filing of the First Appeal.

Despite service of notice on the respondents, no reply/counter affidavit

has been filed.

Office has reported this First Appeal to be barred by 52 days. The condonation of delay has been sought on the ground that after judgment and decree passed by learned trial Court on 13/8/2015 the appellants could not get knowledge about the same and only upon making interference in possession of the appellants by the respondents they became aware of the impugned judgment and decree.

A s there is no opposition to the application by filing any counter affidavit, therefore, sufficient cause is made out to condone the delay of 52

days in filing of the First Appeal. As such the I.A no.621/2016 is allowed and delay in filing of the appeal is hereby condoned.

Also heard on the question of admission. Appeal is admitted for final hearing. Learned counsel for the respondents prays for and is granted 15 days' time to file reply on pending I.A.no.622/2016 which is an application under Section 151 of the C.P.C. and I.A. no.4459/2016, which is an application under Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 10/18/2022 11:15:22 AM

Order 39 Rule 1 & 2 of the C.P.C.

List after filing of the reply for consideration of the said I.As. in the week commencing from 21/11/2022.

(DWARKA DHISH BANSAL) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 10/18/2022 11:15:22 AM