Nirmal Mahwar v. Smt. Saraswati Devi Gupta

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 156 of 2021 Nirmal Mahwar, S/o. Late Shri Umraolal Mahawar, aged about 66 years, 26 Central Avenue, Choubey Colony, Tehsil and District - Raipur (C.G.) ---- Applicant

Versus

1.

Smt. Saraswati Devi Gupta, W/o. Mitthan Lal Gupta, aged about 66 years, R/o. Plot No.1, Kailash Colony, Road No.2 Near Bhagat Singh Chowk, Alawar (Rajasthan) power of attorney holder Vaibhav Mishra, S/o. Dr. S.N. Mishra, aged about years, R/o. Mahadev Ghar Road Sunder Nagar, Raipur, District - Raipur (C.G.).

2.

Collector, Raipur, Distict - Raipur (C.G.).

3.

Smt. Ranjna Mahawar, W/o. Nirmal Mahawar, aged about 57 years, 26 Central Avenue, Choubey Colony, Tehsil and District - Raipur (C.G.) -----Respondents For Applicant : Mr. Anup Majumdar, Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 12/04/2021 1.

Heard on application for restoration of W.P.(227) No. 621 of 2018, which has been dismissed for non-prosecution by order dated 20.12.2019.

Page No.2 2.

It is the submission of the learned counsel for the applicant that it was the mistake of the counsel, who could not be present on that date of hearing, therefore, the parties should not be made to suffer, therefore, this application be allowed. 3.

Considering on the submissions and the reasons mentioned in the application, the application for restoration is allowed and the W.P.(227) No. 621 of 2018 is restored to its original number. 4.

Accordingly, the M.C.C. is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram