Ramdulare (Deid) Through Lrs ... vs Lallu Nai
2023 Latest Caselaw 3478 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 27 th OF FEBRUARY, 2023
                                            MISC. APPEAL No. 6391 of 2022

                          BETWEEN:-
                          1.    RAMDULARE     (DEID)    THROUGH     LRS
                                RAMMILLAN SEN S/O LATE SHRI RAMDULARE
                                SEN, AGED ABOUT 60 YEARS, OCCUPATION:
                                AGRICULTURE R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                          2.    LEELAWATI SEN D/O LATE SHRI RAMDULARE
                                SEN W/O SHRI BABULAL SEN, AGED ABOUT 62
                                YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE
                                SHAKULLGAWAN, POLICE STATION AND TEHSIL
                                GURH, DISTRICT REWA (MADHYA PRADESH)

                          3.    KEDAR S/O LATE SHRI RAMDULARE SEN, AGED
                                ABOUT 52 YEARS, R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                          4.    GULABIYA W/O LATE SHRI KEDAR SEN, AGED
                                ABOUT 50 YEARS, R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                          5.    SANTOSH S/O LATE SHRI KEDAR SEN, AGED
                                ABOUT 32 YEARS, R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                          6.    KAMLESH S/O LATE SHRI KEDAR SEN, AGED
                                ABOUT 25 YEARS, R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                          7.    HIRAUA W/O LATE SHRI RAMMILAN, AGED
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 2/28/2023
12:24:46 PM
                                                         2
                                ABOUT 52 YEARS, R/O VILLAGE SHIVPURVA, POST
                                OFFICE TAMRADESH, POLICE STATION LAUR
                                TAHSIL MAUGSANJ, DISTRICT REWA (MADHYA
                                PRADESH)

                                                                                           .....PETITIONER
                          (BY SHRI UMESH SHRIVASTAVA - ADVOCATE)

                          AND
                          LALLU NAI S/O LATE SHRI MANGALI NAI, AGED ABOUT
                          67 YEARS, OCCUPATION: AGRICULTURE R/O VILAGE
                          SHIVPURVA    POLICE    STATION   LAUR    TASHIL
                          MAUGSANJ, DISTRICT REWA (MADHYA PRADESH)

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

                                This appeal coming on for admission this day, th e court passed the

                          following:
                                                                ORDER

Learned counsel for the appellant fairly submits that the office objection is worth sustaining, regular first appeal will lie against the impugned order under Section 96 of the Code of Civil Procedure. Therefore, he be permitted to withdraw this appeal with liberty to file first appeal.

Registry is directed to return all the certified copies of judgment and documents after obtaining photo copies of the same and shall be kept in record of the case.

The appellant will be free to move an appropriate application along with the first appeal for condonation of delay for the period spent by him before this Court in pursuing the remedy.

In view of above, the appeal is disposed of as withdrawn with the aforesaid liberty.

Signature Not Verified Signed by: MANOJ NAIR Signing time: 2/28/2023 12:24:46 PM

(VIVEK AGARWAL) JUDGE mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 2/28/2023 12:24:46 PM