Madhya Pradesh High Court
Ramu vs Ramsingh on 31 May, 2024
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 31st OF MAY, 2024
SECOND APPEAL No. 2976 of 2023
BETWEEN:-
RAMU S/O LATE SHRI RAMKISHAN DHOBI, AGED ABOUT 64
1. YEARS, OCCUPATION: AGRICULTURE VILLAGE AMLA
TEHSL KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
AMAR SINGH S/O LATE SHRI RAMKISHAN DHOBI, AGED
ABOUT 50 YEARS, OCCUPATION: AGRICULTURE VILLAGE
2.
AMLA TEHSL KHATEGAON, DIST. DEWAS (MADHYA
PRADESH)
RUKMANIBAI W/O BABULAL DHOBI, AGED ABOUT 68 YEARS,
3. OCCUPATION: AGRICULTURE VILLAGE BAGANKHEDA
TEHSIL KANNOD DIST DEWAS (MADHYA PRADESH)
SODRABAI W/O LATE HARU DHOBI, AGED ABOUT 66 YEARS,
4. OCCUPATION: HOUSEWIFE VILLAGE VIKARMAPUR TEHSIL
KHATEGAON DIST DEWAS (MADHYA PRADESH)
.....APPELLANTS
(MR. ABHIJEET SINGH CHOUHAN, ADVOCATE FOR APPELLANTS)
AND
RAMSINGH S/O HAJARI DHOBI, AGED ABOUT 66 YEARS,
1. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSIL
KHATEGAON DIST. DEWAS (MADHYA PRADESH)
RAMAUTAR S/O HAJARI DHOBI, AGED ABOUT 62 YEARS,
OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
2. KHATEGAON, DIST. DEWAS CURRENT ADDRESS NEAR KELA
MANDIR KOTA ROAD INDORE DEWAS ROAD TEHSIL AND
DIST DEWAS (MADHYA PRADESH)
SHYAMLAL @ RADHESHYAM S/O HAJARI DHOBI, AGED
ABOUT 58 YEARS, OCCUPATION: AGRICULTURE VILLAGE
3. AMLA TEHSL KHATEGAON, DIST. DEWAS CURRENT
ADDRESS NEAR KELA MANDIR KOTA ROAD INDORE DEWAS
ROAD TEHSIL AND DIST DEWAS (MADHYA PRADESH)
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 01-06-
2024 15:44:57
2
LAXMINARAYAN DEAD THR LRS. BINNA BAI W/O
LAXMINARAYAN OCCUPATION: AGRICULTURE VILLAGE
4.
AMLA TEHSIL KHATEGAON DIST. DEWAS (MADHYA
PRADESH)
LAXMINARAYAN DEAD THR LRS. ARJUN S/O LATE
LAXMINARAYAN OCCUPATION: AGRICULTURE VILLAGE
5.
AMLA TEHSL KHATEGAON, DIST. DEWAS (MADHYA
PRADESH)
LAXMINARAYAN DEAD THR LRS. SUNIL S/O LATE
LAXMINARAYAN OCCUPATION: AGRICULTURE VILLAGE
6.
AMLA TEHSIL KHATEGAON DIST. DEWAS (MADHYA
PRADESH)
LAXMINARAYAN DEAD THR LRS. AJABSINGH S/O
LAXMINARAYAN OCCUPATION: AGRICULTURE VILLAGE
7.
AMLA TEHSL KHATEGAON, DIST. DEWAS (MADHYA
PRADESH)
LAXMINARAYAN DEAD THR LRS. AASHA D/O LATE
8. LAXMINARAYAN VILLAGE AMLA TEHSL KHATEGAON, DIST.
DEWAS (MADHYA PRADESH)
LAXMINARAYAN DEAD THR LRS. BHURIBAI S/O
LAXMINARAYAN OCCUPATION: AGRICULTURE VILLAGE
9.
AMLA TEHSL KHATEGAON, DIST. DEWAS (MADHYA
PRADESH)
GOKUL S/O MANGILAL DHOBI, AGED ABOUT 43 YEARS,
10. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSIL
KHATEGAON DIST. DEWAS (MADHYA PRADESH)
BALRAM S/O MANGILAL DHOBI, AGED ABOUT 40 YEARS,
OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSIL
11. KHATEGAON DIST DEWAS CURRENT ADDRESS GALI NO. 18
IDRISH NAGAR MUSAKHEDI ROAD INDORE (MADHYA
PRADESH)
IMRAT S/O MANGILAL DHOBI, AGED ABOUT 38 YEARS,
12. OCCUPATION: AGRICULTURE VILLAG AMLA TEHSIL
KHATEGAON DIST DEWAS (MADHYA PRADESH)
UMA BAI D/O MANGILAL DHOBI, AGED ABOUT 36 YEARS,
13. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSIL
KHATEGAON DIST. DEWAS (MADHYA PRADESH)
MANABAI D/O MANGILAL DHOBI, AGED ABOUT 34 YEARS,
OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSIL
14. KHATEGAON DISTRICT DEWAS CURRENT ADDRESS
VILLAGE SHAHPURA IN FRONT OF JHUMMAR KHALI SHOP
TEHSIL HARSOOD DIST KHANDWA (MADHYA PRADESH)
15. VIMLABAI W/O LATE MANGILAL DHOBI, AGED ABOUT 63
YEARS, OCCUPATION: AGRICULTURE VILLAGE AMLA
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 01-06-
2024 15:44:57
3
TEHSL KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
RAMPRASAD DEAD THR LRS. RUKMANI W/O RAM PRASAD
16. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
RAMPRASAD DEAD THR LRS. ASHOK S/O RAM PRASAD
17. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
RAMPRASAD DEAD THR LRS. HARIOM S/O RAM PRASAD
18. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
RAMPRASAD DEAD THR LRS. MAYA D/O RAM PRASAD
19. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
RAMPRASAD DEAD THR LRS. DURGA D/O RAM PRASAD
20. OCCUPATION: AGRICULTURE VILLAGE AMLA TEHSL
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
STATE OF MADHYA PRADESH THROUGH COLLECTOR
21.
COLLECTOR OFICE DISTRICT DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(MR. HARISH PAWAR, ADVOCATE FOR RESPONDENTS)
This appeal coming on for orders this day, the court passed
the following:-
ORDER
Heard on I.A. No.9512 of 2023 which is an application for
condonation of delay filed under Section 5 of Limitation Act,
1963, in filing the appeal. The delay is of Nine Months Fourteen
Days.
On perusal of the record, it was found that the first appellate
court had passed the judgment and decree dated 25.11.2022 and
the second appeal was filed after the delay of nine months and
fourteen days on 08.12.2023. According to the appeal, he received
certified copy of the judgment and decree of first appellate court
on 13.07.2023 and thereafter he filed the appeal after the lapse of
near about five months and has not explained the delay properly
and satisfactorily. In the case of Hamir vs. Abdul Samad AIR
2001 SC Page 3404, the Apex Court held that the court should not
tolerate the lazy and negligent person in order to deliver the
natural justice. In the case of Bank of India vs. Sanwai Singh
reported in 1981 Vol.I Page 51, it was held that there is no space
for negligent person in the courts of justice and it was found that
the parties are trying to raise the point on the fault and his counsel
is trying to take sympathy of court in order to prevent this. In the
present case, the appellants stated that the counsel is not having
the information of judgment and decree of First Appellate Court
but perusal of the record shows that the appellant has received the
certified copy of first appellate court on 13.07.2023 but inspite of
that after lapse of five months, he filed the second appeal before
the Court without having any proper or valid explanation.
So in the considered opinion of this Court, the appellants
were unable to explain the inordinate delay properly and hence the
IA No.9512 of 2023 for condonation of delay stands rejected.
Consequently, the second appeal also stands dismissed.
(HIRDESH)
Arun/- JUDGE
