Nagar Palika Parishad Kotma vs Sheikh Amir
2024 Latest Caselaw 3699 MP

Madhya Pradesh High Court

Nagar Palika Parishad Kotma vs Sheikh Amir on 7 February, 2024

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         SA No. 779 of 2016
                                   (NAGAR PALIKA PARISHAD KOTMA AND OTHERS Vs SHEIKH AMIR AND OTHERS)

                           Dated : 07-02-2024
                                 Shri Narendra Mishra - Advocate for the appellant.

                                 Shri Manoj Jha - P.L. for the respondent/State.

Shri Om Prakash Tiwari - Advocate for the respondent No. 1 to 4.

Counsel for the respondent submits that he does not want to press I.A. No. 3945/2018.

Accordingly, aforesaid I.A. is dismissed as not pressed. Heard on I.A. No.13034/2018 u/S 5 of Limitation Act, and I.A. No.13027/2018 an application under Order 22 Rule 9 of CPC for setting aside abatement and also I.A. No. 13032/2018 an application under Order 22 Rule 4 of CPC for bringing on record LRs of respondent No.2.

Applications are supported by affidavits.

It is submitted by learned counsel for the appellant that earlier at that time of continuation of first appeal application for bringing LRs of Sheikh Sharif was filed on behalf of the respondent who are the appellant in that case. That

application date 16.12.2015 has been allowed by first appellate court vide order dated 23.02.2016 and names of Lrs of appellant No.2 has been incorporated in the memo of appeal but due to inadvertent mistake that has not been mentioned in the array of judgment and decree of first appellate court.

The applications are not opposed by learned counsel for the respondent. After due consideration, aforesaid all three applications are allowed, delay is condoned, abatement is set aside.

Necessary amendment be carried out for bringing on record LRs of

respondent No. 2 within seven working days.

It is submitted by the learned counsel for the respondent that he prepared the reply of I.A. No.8664/2016 and he is going to file it before the Registry.

List after four weeks.

(RAJENDRA KUMAR VANI) JUDGE

Akm