Smt. Yogeshwari Netam v. Jain Kumar Netam

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 82 of 2020 • Smt. Yogeshwari Netam W/o Shri Jain Kumar Netam Aged About 34 Years Caste Gond, R/o High School Para Farasgaon, Tahsil And District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh ---- Applicant

Versus

• Jain Kumar Netam S/o Moti Ram Netam Aged About 32 Years R/o Village Borgaon, District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh ---- Non-applicant For Applicant : Shri Akhilesh Kumar, Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2020

1. The present M.C.C. has been filed seeking restoration of First Appeal (M) No. 285 of 2018.

2. Earlier, on 12.12.2019 when the case was called for hearing instant FAM was dismissed for want of prosecution.

3. Looking to the facts and circumstances of the case and reasons assigned in the instant M.C.C. this Court is satisfied that when the case was called on 12.12.2019 the counsel for the appellant was not present in the Court due to just and sufficient ground.

4. Consequently, the instant Misc. Civil Case is allowed and said First Appeal (M) is restored to its original number subject to condition that appellant shall pay Rs. 1000/- to the respondent.

5. The M.C.C is disposed off accordingly.

Sd/- (Sharad Kumar Gupta) JUDGE kishore\