Ramkhilawan vs Smt.Bummai
2023 Latest Caselaw 554 MP

                                                          1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 10 th OF JANUARY, 2023
                                              FIRST APPEAL No. 450 of 1998

                          BETWEEN:-
                          RAMKHILAWAN, AGED ABOUT 47 YEARS, (MADHYA
                          PRADESH)

                                                                                     .....APPELLANT
                          (BY MS. SMITA VERMA - ADVOCATE )

                          AND
                          1.   SMT. BUMMAI SUKHIYA KOAL,
                               AGED 47 YEARS, R/O KUNWA,
                               AT PRESENT- CHAMUHA, TAH-
                               BEHOHARI, DISTRICT SHAHDOL (M.P.)

                          2.   SMT. RATNEE SUKHIYA KOAL,
                               AGED 62 YEARS, R/O KUNWA,

                          3.   SMT. CHARKEE W/O AKALEE KOAL,
                               AGED 72 YEARS, R/O SARSEE

                          4. SMT. CHAGGO W/O MARU KOAL
                             ALL OF THREE R/O TAH- BEHOHARI,
                             DISTRICT SHAHDOL (M.P.)
                          5. BHU-ARJAN ADHIKARI,
                             UNIN NO.2, REWA
                             DISTRICR- REWAS (M.P.)

                          6.   THE STATE OF MADHYA PRADESH
                               THROUGH COLLECTOR, SHAHDOL (M.P.)


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

                                 Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                           ORDER

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 11-Jan-23 11:38:18 AM

This First Appeal under Section 96 of CPC has been filed against the judgment and decree dated 01.09.1998 passed by Additional District Judge, Beohari, District Shahdol in Civil Suit No.1-A/1998.

On 21.11.2022, a statement was made by the counsel for the appellant that an attempt to contact the appellant has turned futile and the letter posted by her to the appellant has returned back with a noting that the appellant does not reside at the given address. Accordingly, SPC was directed to be issued.

It is informed by the concerning D.A. that SPC was issued by registered post with AD. As per the office report, the acknowledgement of receipt of SPC has not been received back.

Accordingly, in the light of Section 27 of General Clauses Act as well as M.P. High Court Rules, the appellant is treated as deemed served.

Neither any attempt has been made by the appellant to appear nor he has given any instructions to his present counsel nor has engaged a new counsel, this Court is of the considered opinion that the appellant must have lost his interest in prosecuting this appeal.

Accordingly, the appeal is dismissed for want of prosecution.

(G.S. AHLUWALIA) JUDGE vinay*

Signature Not Verified Signed by: VINAY KUMAR BURMAN Signing time: 11-Jan-23 11:38:18 AM