Girija Shankar (Died) Through ... vs Vishnu Kishor Jaiswal (Died) ...
2023 Latest Caselaw 5246 MP

                                                      1
                          IN      THE   HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 29 th OF MARCH, 2023
                                         SECOND APPEAL No. 1763 of 2021

                         BETWEEN:-
                         1.    GIRIJA SHANKAR (DIED) THROUGH L.RS.SMT.
                               USHA W/O DAYARAM VERMA, AGED ABOUT 39
                               YE A R S , TALAB MOHALLA, ITARSI (MADHYA
                               PRADESH)

                         2.    RAJESH S/O LATE KANCHEDI LAL RAIKWKAR,
                               AGED ABOUT 34 YEARS, TALAB MOHALLA ITARSI
                               TEHSIL ITARSI (MADHYA PRADESH)

                         3.    JAGDISH S/O LATE KANCHEDI LAL RAIKWKAR,
                               AGED ABOUT 45 YEARS, TALAB MOHALLA ITARSI
                               TEHSIL ITARSI (MADHYA PRADESH)

                         4.    ANJANA D/O LATE KANCHEDI LAL RAIKWKAR,
                               AGED ABOUT 30 YEARS, TALAB MOHALLA ITARSI
                               TEHSIL ITARSI (MADHYA PRADESH)

                         5.    AARTI D/O LATE KANCHEDI LAL RAIKWKAR,
                               AGED ABOUT 28 YEARS, TALAB MOHALLA ITARSI
                               TEHSIL ITARSI (MADHYA PRADESH)

                         6.    RAJU S/O LATE KANCHEDI LAL RAIKWKAR,
                               AGED ABOUT 36 YEARS, TALAB MOHALLA ITARSI
                               TEHSIL ITARSI (MADHYA PRADESH)

                                                                            .....APPELLANTS
                         (NONE)

                         AND
                         1.    VISHNU KISHOR JAISWAL (DIED) THROUGH L.RS.
                               SMT.UMA W/O LATE VISHNU KISHOR JAISWAL,
                               AGED ABOUT 62 YEARS, OLD ITARSI (MADHYA
                               PRADESH)

                         2.    GUDDU S/O LATE VISHNU KISHOR JAISWAL,
                               AGED    ABOUT   40   YEARS, OLD  ITARSI
                               DISTT.HOSHANGABAD (MADHYA PRADESH)
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 4/1/2023
10:34:18 AM
                                                               2

                         3.    SACHIN S/O LATE VISHNU KISHOR JAISWAL,
                               AGED    ABOUT   38   YEARS, OLD  ITARSI
                               DISTT.HOSHANGABAD (MADHYA PRADESH)

                         4.    SHRIDDHA S/O LATE VISHNU KISHOR JAISWAL,
                               AGED    ABOUT    36   YEARS, OLD   ITARSI
                               DISTT.HOSHANGABAD (MADHYA PRADESH)

                         5.    DIVYA S/O LATE VISHNU KISHOR JAISWAL, AGED
                               ABOUT        36       YEARS, OLD     ITARSI
                               DISTT.HOSHANGABAD (MADHYA PRADESH)

                                                                                        .....RESPONDENTS


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

None for the appellants even in the second round at 02:27 p.m. This second appeal has been preferred by the appellants/defendants/tenants challenging the judgment and decree dated 18.11.2021 passed by First District Judge, Itarsi District Hoshangabad in Civil Appeal No.6/2015 affirming the judgment and decree dated 28.02.2015 passed by Civil Judge Class-I, Itarsi in Civil Suit No.31-A/2011, whereby decree of eviction on the grounds available under Section 12(1) of the Madhya Pradesh Accommodation Control Act, 1961 has been passed.

On 06.09.2022 and 31.01.2023 also, none had appeared on behalf of the appellants.

It appears that the appellants have lost their interest in prosecuting the second appeal.

Resultantly, the second appeal is dismissed for want of prosecution. Interim application(s), if any, shall stand dismissed.

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/1/2023 10:34:18 AM

(DWARKA DHISH BANSAL) JUDGE SN

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 4/1/2023 10:34:18 AM