Smt. Snehlata Dubey vs Smt. Sushila Bai Awashi(Dead)Through ...
2024 Latest Caselaw 14830 MP

Madhya Pradesh High Court

Smt. Snehlata Dubey vs Smt. Sushila Bai Awashi(Dead)Through ... on 17 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 17 th OF MAY, 2024
                                            MISC. CIVIL CASE No. 1683 of 2024

                            BETWEEN:-
                            SMT. SNEHLATA DUBEY W/O SHRI ANUPAM DUBEY,
                            AGED ABOUT 62 YEARS, OCCUPATION: D/O LATE SHRI
                            MADANMOHAN AWASTHI OCCUPATIN BUSINESS HOUE
                            WIFE   RESIDENT   OF OPP.    KOSTHI    MANDIR
                            BANDHAIYAPURA MILLONIGANJ JABALPUR (MADHYA
                            PRADESH)

                                                                                .....APPLICANT
                            (BY SHRI MANOJ KUMAR SANGHI, ADVOCATE)

                            AND
                                  SMT. SUSHILA BAI AWASHI (DEAD)THROUGH LRS
                                  ARVIND AWASTHI S/O LATE SHRI MADAN
                            1.    MOHAN AWASTHI, AGED ABOUT 51 YEARS,
                                  OCCUPATION: BUSINESS RESIDENTS OF H NO 781
                                  NEW 782 OPP. RAMLEELA MAIDAN GARHA WARD
                                  JABALPUR (MADHYA PRADESH)

                            2.    DILIP AWASTHI S/O LATE SHRI MADAN MOHAN
                                  AWASTHI, AGED ABOUT 48 YEARS, OCCUPATION:
                                  SERVICE RESIDENTS OF H.NO.781 NEW 782 OPP.
                                  RAMLEELA MAIDAN GARHA WARD JABALPUR
                                  (MADHYA PRADESH)

                            3.    ASHOK MOHAN AWASTHI S/O LATE MADAN
                                  MOHAN AWASTHI, AGED ABOUT 41 YEARS,
                                  OCCUPATION: SERVICE RESIDENTS OF H.NO.781
                                  NEW 782 OPP. RAMLEELA MAIDAN GARHA WARD
                                  JABALPUR (MADHYA PRADESH)

                            4.    SMT. MANJULATA SHUKLA W/O HIRENDRA
                                  K U M A R SHUKLA D/O LATE MADAN MOHAN
                                  AWASTHI, AGED ABOUT 42 YEARS, OCCUPATION:
                                  SERVICE R/O R-8 SHAHID GULAB SINGH WARD
                                  JABALPUR (MADHYA PRADESH)

                            5.    SM T. SUNITA TIWARI W/O PRAMOD TIWARI D/O
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 5/20/2024
5:01:31 PM
                                                          2
                                   LATE SHRI MADANMOHAN AWASTHI, AGED
                                   ABOUT 44 YEARS, OCCUPATION: SERVICE R/O
                                   H.N.1971 WRIGHT TOWN JABABLPUR (MADHYA
                                   PRADESH)

                            6.     SMT. MALTI TIWARI W/O P.N. TIWARI (DEAD)
                                   THROUGH LRS.
                            (A).   P.N.TIWARI S/O   NOT   KNOWN R/O 1062
                                   GUPTESHWAR JABALPUR (MADHYA PRADESH)

                            (B).   P.K. TIWARI @ PAPPU S/O P.N. TIWARI R/O 1062
                                   GUPTESHWAR JABALPUR (MADHYA PRADESH)

                            (C).   Y.K. TIWARI @ RAJU S/O P.N. TIWARI R/O 1062
                                   GUPTESHWAR JABALPUR (MADHYA PRADESH)

                            (D).   PUSHPRAJ TIWARI S/O NOT            MENTION NOT
                                   MENTION (MADHYA PRADESH)

                            (E).   YUVRAJ TIWARI S/O NOT              MENTION NOT
                                   MENTION (MADHYA PRADESH)

                            7.     SMT. RAJSHRI AWASTHI S/O SUNIL KUMAR
                                   AWASTHI R/O NEAR BADANPUR BAULI SHAKTI
                                   NAGAR (MADHYA PRADESH)

                            8.     SMT. RAGNI TIWARI W/O PUSHPAJ TIWARI
                                   OCCUPATION: HOUSEWIFE R/O NEAR BHOLE KI
                                   KUTIYA GUPTESHWAR (MADHYA PRADESH)

                            9.     RASHMI TIWARI W/O NOT KNOWN OCCUPATION:
                                   HOUSE WIFE R/O NEAR BHOLE KI KUTIYA
                                   GUPTESHWAR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


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

At the outset, learned counsel for the applicant prays for withdrawal of this MCC with liberty to file afresh, in accordance with the law/procedure prescribed under Order 44 Rule 1 CPC.

2. Prayer being reasonable is accepted and this MCC is permitted to be

withdrawn and is hereby disposed off with the aforesaid liberty.

3. Registry is directed to return the certified copy of order dtd. 02.01.2024 and judgment dtd. 28.08.2017 to the learned counsel for the applicant after retaining its photocopy on record.

4. Miscellaneous application(s), pending if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE KPS