Assistant Engineer v. Sukhdeo Prasad Tamrakar (Died), Through Lrs

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Civil Case No. 190 of 2020

1. Assistant Engineer Chhattisgarh State Electricity Board, Utail, District Durg, Chhattisgarh, District : Durg, Chhattisgarh

2. Board Officer Chhattisgarh State Electricity Board, Dangania Raipur, Chhattisgarh ---- Applicants

Versus

• Sukhdeo Prasad Tamrakar (Died), Through Lrs Through Lrs

1. A. Smtt. Mithila Bai Wd/o Sukhdeo Prasad Tamrakar Aged About 65 Years Resident Of Tamer Para, Durg, Tahsil And District Durg, Chhattisgarh, District : Durg, Chhattisgarh 1.B. Shri Chandra Prakash Tamrakar S/o Sukhdeo Prasad Tamrakar Aged About 45 Years Resident Of Tamer Para, Durg, Tahsil And District Durg, Chhattisgarh, District : Durg, Chhattisgarh 1.C. Dinesh Kumar Tamrakar S/o Sukhdeo Prasad Tamrakar Aged About 40 Years Resident Of Tamer Para, Durg, Tahsil And District Durg, Chhattisgarh, District : Durg, Chhattisgarh 1.D. Smt Pushpa Tamrakar W/o Shri Girish Tamrakars Aged About 38 Years S/o Sukhdeo Prasad Tamrakar, Resident Of Near Dayasagar Press, Killa Mandir Raod, Tamerpara, Durg, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 1.E. Smt.

Malti Tamrakar W/o Shri Dashrath Tamrakar Aged About 43 Years S/o Late Sukhdeo Prasad Tamrakar, Resident Of Pachari Para, Kewatpara, Juna Bilaspur, District Bilaspur, Chhattisgarh, Chhattisgarh 1.F. Smt. Usha Tamrakar W/o Shri Anil Tamrakar Aged About 36 Years S/o Late Sukhdeo Prasad Tamrakar, Resident Of Near Kila Mandir Chowk, Tamerpara, District Durg, Chhattisgarh, District : Durg, Chhattisgarh ---- Non-applicants For Applicants : Shri Manish Nigam, Advocate For Non-applicants : Shri Bharat Sharma, Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25.02.

1. This M.C.C. has been filed seeking restoration of F.A. No. 144 of 2005.

2. Earlier on 20.01.2020, the said first appeal was dismissed for want of

prosecution.

3. The instant Misc. Civil Case is filed on 05.02.2020 within prescribed limit.

4. Looking to the facts and circumstances of the case and the reasons assigned in the said M.C.C., this Court is satisfied that the case was called for hearing on 20.01.2020 and the appellants were prevented to appear before this Court due to just and sufficient ground.

5. Consequently, the instant M.C.C. is allowed and the said first appeal is restored to its original number subject to the condition that appellants shall pay Rs. 200/- to each respondent as cost.

6. The instant M.C.C. is disposed off accordingly. Sd/- (Sharad Kumar Gupta) JUDGE kishore