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Abdul Rashid Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Abdul Rashid

Respondent

The State of Madhya Pradesh

Excerpt:


1...m.c.c.no.981 o”2. 11.2012 shri ashish shroti, counsel for the applicant. shri jaideep singh, dy. g.a.for respondent no.1. this application is filed for restoration of w.a.164/2010 which was dismissed on 7.8.2012 because of non-appearance of the appellant. it is submitted by the counsel for the applicant that the statement made by the other side on 7.8.2012 in w.a.no.164/2010 that some other land was given to the appellant in lieu of the land acquired, was also not correct. it is submitted that this matter deserves to be heard on merit. it is further submitted that the counsel for the appellant was busy before another court and could not appear before this court when the case was called for hearing. an affidavit of shri ashish shroti is filed along with the application. considering the averments made in the application supported by an affidavit, we find that the applicant has made out a case for restoration of w.a.no.164 of 2010. accordingly prayer made in this m.c.c.981/12 is allowed. office is directed to restore w.a.no.164 of 2010 and place the same before the appropriate bench for consideration. (krishn kumar lahoti) (t.k.kaushal) judge judge vj 2...m.c.c.no.981 o”2. 11.

Judgment:


1...M.C.C.No.981 o”

2. 11.2012 Shri Ashish Shroti, Counsel for the applicant.

Shri Jaideep Singh, Dy.

G.A.for respondent No.1.

This application is filed for restoration of W.A.164/2010 which was dismissed on 7.8.2012 because of non-appearance of the appellant.

It is submitted by the counsel for the applicant that the statement made by the other side on 7.8.2012 in W.A.No.164/2010 that some other land was given to the appellant in lieu of the land acquired, was also not correct.

It is submitted that this matter deserves to be heard on merit.

It is further submitted that the counsel for the appellant was busy before another Court and could not appear before this Court when the case was called for hearing.

An affidavit of Shri Ashish Shroti is filed along with the application.

Considering the averments made in the application supported by an affidavit, we find that the applicant has made out a case for restoration of W.A.No.164 of 2010.

Accordingly prayer made in this M.C.C.981/12 is allowed.

Office is directed to restore W.A.No.164 of 2010 and place the same before the appropriate Bench for consideration.

(Krishn Kumar Lahoti) (T.K.Kaushal) Judge Judge vj 2...M.C.C.No.981 o”

2. 11.2012


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