Bhagwandas v. Ramkisun

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 230 OF 2016 1.

Bhagwandas Aged About 58 (40) Years.

2.

Kunjanbai Aged About 53 (35) Years, (Since Deceased).

Both son and daughter of Shri Bhola Satnami resident of village Sendri Tahsil Baloda Bazar Civil and Revenue District Raipur Chhattisgarh Legal heirs of Kunjanbai 2 .1 Uttam Kumar Aged about 40 Years S/o Shri Babulal 2 .2 Manohar Lal aged about 38 years, S/o Shri Babulal 2.3 Mukesh Kumar Aged About 36 Years All Son and Daughter Of Shri Bhola Satnami, R/o Village Sendri, Tahsil Baloda Bazar, Civil & Revenue District Baloda Bazar-Bhatapara, Chhattisgarh.

---- Applicants

Versus

Ramkisun S/o Shri Ram Ratan Satnami Aged About 55 (37) Years, R/o Shakti Ward, Bhatapara, Raipur (Now Civil & Revenue District Baloda Bazar) Chhattisgarh.

---- Non-applicant For Applicants : Ms. Sarina Khan, Advocate For Non-applicant : Mr. Manoj Paranjpe, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board

22/06/2016 1.

Heard on I.A. No. 01/2016, which is an application for condonation of delay in filing the MCC.

2.

The present MCC has been filed after 283 days of its limitation.

3.

The reason shown by the applicants for delay in filing MCC appears to be sufficient. Accordingly, I.A. No. 01/2016 is allowed and delay in filing the MCC is hereby condoned. 4.

Also heard on restoration application.

5.

This MCC has been filed for restoration of Second Appeal No. 871/1998, which was dismissed for want of prosecution on 04/05/2015.

6.

On due consideration of the submissions of the learned counsel for the applicants and the grounds taken in the restoration application, I am satisfied that the absence of the applicants' counsel on 04/05/2015, when Second Appeal No. 871/1998 was taken up for hearing was based on bonafide grounds.

7.

Hence, MCC is allowed and the Second Appeal No.

871/1998 is restored to its original number.

Sd/- (Sanjay K. Agrawal) Judge Tiwari