SMT. UMAKANTI AWADHIYA (Died) Through Lrs. v. ASHOK KUMAR AWADHIYA
MCC/658/2022 · 2025-04-07
Shri Naresh Kumar Chandravanshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43359 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43359 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16108
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 658 of 2022
1. Smt. Umakanti Awadhiya (Died), Through Lrs. (As Per Honble Court Order Dated 11-03-2025). 1(A) Sapna Awadhiya, D/o Late Vishnu Prasad Awadhiya, Aged About 45 Years, R/o House No.64/1, Awadhiyapara, Purani Basti, Kankalipara, Ward No.59, Raipur, Tahsil & District Raipur, Chhattisgarh. 1(B) Manoj Awadhiya, S/o Late Vishnu Prasad Awadhiya, Aged About 39 Years,R/o House No.64/1, Awadhiyapara, Purani Basti, Kankalipara, Ward No.59, Raipur, Tahsil & District Raipur, Chhattisgarh. 1(C) Abhishek Awadhiya, S/o Late Vishnu Prasad Awadhiya, Aged About 32 Years, R/o House No.64/1, Awadhiyapara, Purani Basti, Kankalipara, Ward No.59, Raipur, Tahsil & District Raipur, Chhattisgarh.
... Applicants/Appellants versus
1. Ashok Kumar Awadhiya, S/o Late Shri Madan Lal Awadhiya, Aged About 50 Years, R/o Awadhiya Para, Kankalipara Ward, Raipur (C.G.) Presently R/o Side Of Jhansi Nursery, Near Dharmendra Poultry Farm, Rawanbhata Raipur, Tahsil & District Raipur, Chhattisgarh.
2. Onkar Nath Awadhiya, S/o Raghunath Prasad Awadhiya, Aged About 60 Years, R/o Awadhiya Para, Kankalipara Ward, Raipur, Tahsil & District Raipur, Chhattisgarh.
... Respondents (Cause title taken from Case Information System) For Petitioner/Applicant : Ms. Aakancha Vishwakarma, Advocate. For State/Respondents : Ms. Mandavi Bhardwaj, P.L.
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order on Board 07/04/2025
1. Heard. DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA
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2.
Learned counsel for the applicants/appellants would submit that earlier mother of present applicants has filed the instant M.C.C. under Order 44 read with Order 33 of the Code of Civil Procedure, 1908 for exemption from payment of Court Fee, as she was an indigent person, but now after the death of their mother, present applicants were incorporated as her Lrs’ and they are ready to pay the Court Fee. Therefore, learned counsel for the applicants prays that he may be permitted to withdraw this M.C.C. with liberty to pay Court Fee.
3. In that view of matter, applicants are permitted to withdraw the instant M.C.C. and pay the Court Fee in memo of first appeal, which they have already filed.
4. Registry is directed to do the needful in this regard.
5. Accordingly, instant M.C.C. stands disposed of. Sd/- (Naresh Kumar Chandravanshi)
Judge