Madhyapradesh Jesuits Loyola Niketan Lingiyadeha v. Shri Ravatpura Sarkar Ashram
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 399 of 2016 Madhyapradesh Jesuits Loyola Niketan Lingiyadeha Aged About 55 Years Bilaspur Through Father Fabiyanus Minj, Aged About 55 Years, S/o Late Shri Stanislas Minj, Treasurer Madhyapradesh Jesuits Loyola Niketan Lingiyadeeha Bilaspur, R/o Loyola Niketan Lingiyadeeha Bilaspur, Police Station Sarkanda, Bilaspur, Tahsil And District Bilaspur Chhattisgarh ---- Applicant
Versus
1. Shri Ravatpura Sarkar Ashram Gram Panchayat Dhaneli, Raipur, Tahsil And District Raipur Chhattisgarh
2. Ravatpura Sarkar, Lok Kalyan Trust, Bilapsur, Through Its Member Ajay Singh, S/o Dr. B. S. Singh, R/o Rajkishore Nagar Lingiyadeeha Bilaspur, Tahsil And District Bilaspur Chhattisgarh
3. Ravatpura Sarkar, Lok Kalyan Trust, Bilaspur, Through Its Member Praveen Shukla, S/o Chandrika Prasad Shukla, R/o Gandhi Nagar Bilaspur, Tahsil And District Bilapsur Chhattisgarh
4. State Of Chhattisgarh Through Its Collector Bilaspur Chhattisgarh ---- Respondents For Applicant :
Mr. Ajay Kumar Barik, Advocate For respondents No.1 to 3 :
None appears though served For State :
Mr. Bhaskar Payashi, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 02/08/2018 Heard on I.A. No.1, application for condonation of delay in filing the restoration application.
Upon due consideration, the application is allowed. Delay in filing the restoration application (MCC) is condoned.
Heard on prayer for restoration of the First Appeal. Taking into consideration as there is no opposition to the prayer for restoration and further taking into consideration that the appeal was filed arising out of judgment relating to immovable property, we are inclined to recall the order of dismissal for want of prosecution passed earlier on 27.11.2014 and restored to its original number F.A. No.31 of 2013. The MCC is accordingly allowed. The cost of Rs.2,500/- shall be deposited in the Legal Aid Committee and receipt shall be filed.
Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha