Gaind Ram v. Jhadu Ram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 181 of 2016 Gaind Ram S/o Siyaram Sen, Aged About 52 Years Cultivator And R/o Mudpar, Tahsil- Baloda-Bazar, (Now- Pallari) District- Raipur (NowBaloda Bazar-Bhatapara) Chhattisgarh ---- Applicant

Versus

1. Jhadu Ram S/o Siyaram Sen, Aged About 56 Years Cultivator And R/o Mudpar, Tahsil- Baloda-Bazar, (Now- Pallari) District- Raipur (NowBaloda Bazar-Bhatapara) Chhattisgarh, Through: Department Of Home (Police), Mantralaya- Naya Raipur, Distt.- Raipur, Chhattisgarh

2. State Of Chhattisgarh, Through: Collector, District- Raipur (Now Baloda Bazar-Bhatapara) Chhattisgarh ---- Respondents For Applicant :

Shri Neeraj Choubey, Advocate.

For Respondent No.2/ State :

Shri S.C. Khakhariya, Deputy Advocate General.

For Respondent No.1 :

Not noticed.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 09/03/2016 1.

Learned counsel for the Applicant submits that Respondent No.1 was not represented when the case was taken up for hearing on 13.10.2015 in Second Appeal No.714 of 2003 hence, notice for the instant M.C.C. is not required to be issued, and the matter may be heard finally and disposed of accordingly.

2.

Heard on I.A. No.1 of 2016, an application for condonation of delay as the instant M.C.C. has been preferred after 98 days of its limitation. 3.

For the reasons mentioned in I.A. No. 1 of 2016, the same is allowed and the delay in filing the M.C.C. is hereby condoned.

4.

Also heard on M.C.C. regarding restoration of Second Appeal No.714 of 2003.

5.

For reasons mentioned in the M.C.C., the same is allowed and Second Appeal No. 714 of 2003 is restored to its original number. 6.

No order as to costs.

Sd/- Chandra Bhushan Bajpai Judge Nimmi