Madhya Pradesh High Court

Motilal vs Chhotibai on 6 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                       1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 6 th OF MAY, 2024
                                           MISC. APPEAL No. 1111 of 2013

                         BETWEEN:-
                         1.    MOTILAL S/O DUKKHI LAL CHAKRAWARTI,
                               AGED ABOUT 28 YEARS, TIWARI TAH. AND DISTT.
                               KATNI (MADHYA PRADESH)

                         2.    KALABAI W/O KANDHARI LAL, AGED ABOUT 30
                               YEARS, PADARBHATA PAHADI, DISTT. KATNI,M.P.
                               (MADHYA PRADESH)

                         3.    VIJIAY BAI W/O GIRDHARI CHAKRAWARTI, AGED
                               ABOUT 32 YEARS, PADARBHATA PAHADI, DISTT.
                               KATNI,M.P. (MADHYA PRADESH)

                                                                             .....APPELLANTS
                         (SHRI K.S. JHA AND SHRI SAKET MALIK - ADVOCATES )

                         AND
                         1.    CHHOTIBAI (DELETED)

                         2.    DASHRAT    PRASAD    S/O    LATE   RAMLAL
                               CHAKRAWARTI, AGED ABOUT 59 YEARS, GRAM
                               KHIRHANI, TAHSIL AND DISTT. KATNI,M.P.

                         3.    SUNDARLAL S/O LATE RAMLAL CHAKRAWARTI,
                               AGED ABOUT 32 YEARS, GRAM DEVGAON,
                               POLICE STATION RITHI, DISTT. KATNI, M.P.

                         4.    SUNDARLAL S/O LATE RAMLAL CHAKRAWARTI,
                               AGED ABOUT 50 YEARS, GRAM KHIRHANI,
                               TAHSIL AND DISTT. KATNI,M.P.

                         5.    RAMPRASAD S/O LATE RAMLAL CHAKRAWARTI,
                               AGED ABOUT 48 YEARS, GRAM KHIRHANI,
                               TAHSIL AND DISTT. KATNI,M.P. (MADHYA
                               PRADESH)

                         6.    VEERAN    PRASAD      S/O   LATE   RAMLAL
Signature Not Verified
Signed by: PRASHANT
BAGJILEWALE
Signing time: 5/7/2024
1:15:03 PM
                                                      2
                                CHAKRAWARTI, AGED ABOUT 36 YEARS, GRAM
                                KHIRHANI, TAHSIL AND DISTT. KATNI,M.P.
                                (MADHYA PRADESH)

                         7.     MAMTABAI    W/O   LATE   RAM     KUMAR
                                CHAKRAWARTI, AGED ABOUT 36 YEARS, GRAM
                                DEVGAON, POLICE STATION RITHI, DISTT.
                                KATNI, M.P.

                         8.     HARILAL   S/O   KUNJILAL     CHAKRAWARTI
                                OCCUPATION: AGRICULTURE AND SERVICE
                                ADJACENT TO KAPOORALAL CHAKRAWARTI
                                PANAGAR, TAHSIL AND DISTT. JABALPUR, M.P

                         9.     PHOOLCHAND S/O DUKKHI LAL CHAKRAWARTI,
                                AGED ABOUT 35 YEARS, TIWRI, TAHSIL AND
                                DISTT. KATNI, M.P.

                         10.    MOHANLAL      S/O     RAMOLI      PRASAD
                                CHAKRAWARTI, AGED ABOUT 36 YEARS, PURANI
                                BASTI, NEAR SHER CHOWK, ADJACENT TO
                                PURWARR PURTI SHALA, KATNI, M.P.

                                                                                        .....RESPONDENTS


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

At the outset learned counsel for the appellants/defendants 3-5 submits that after the judgment and decree of remand passed on 08.02.2013 by 1st Addl. District Judge, Katni, the civil suit in question has been dismissed in default/for want of prosecution.

2. In view of the aforesaid statement, this misc. appeal is dismissed as having rendered infructuous.

3. Misc. application(s), pending if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE