Manohar Nandwani v. M.L. Kesharwani

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 110 of 2019 Manohar Nandwani, S/o. G.M. Nandwani, Aged About 48 Years, R/o. Gyalier Shoes, Near Deendayal Market, Power House Road Korba, Tahsil And District Korba Chhattisgarh.

--- Applicant

Versus

M.L. Kesharwani, S/o. Munna Lal Kesharwani, Aged About 67 Years, R/o. Vinoba Nagar, Shesh Colony, L-7, Bilaspur, Tahsil And District Bilaspur Chhattisgarh.

---Respondent 23.08.2021 Mr. K.Rohan, Advocate for the Applicant.

Mr. Rohit Sharma, Advocate for the Respondent. Heard on I.A.No.1, Application for condonation of delay. On due consideration and for the reasons stated in the application, the same is allowed and the delay of 04 days in filing the restoration application is condoned.

Heard on Application for Restoration of F.A. No.416 of 2017. It is submitted because of the reason that the counsel could not appear, the first appeal was dismissed on 10.12.2018 and the restoration application is supported by an affidavit. Learned counsel for the respondent submits that another First Appeal No.509/2019 is pending which is out of the same cause of action in the suit property.

Considering the reasons stated in the application, I am satisfied that sufficient reasons have been shown, therefore, the First Appeal No.416 of 2017 which is dismissed on 10.12.2018 is restored to its original number.

Accordingly, the Application for Restoration of F.A. No.416 of 2017 is allowed.

Sd/- (Goutam Bhaduri) Judge ashok