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High Court Of ChhattisgarhMCC/690/2016allowed

Smt. Geeta Rathore v. Murti Bai

2016-09-22Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.690 of 2016 Smt. Geeta Rathore, aged about 55 years, wife of Shri Mukesh Rathore, R/o. Keskal, Tahsil Keshkal, Districty Kondagaon (CG). ---- Applicant

Versus

1.

Murti Bai, aged about 70 years, widow of late Ramcharan Lal Singh, R/o Village Dongargarh, District Rajnandgaon, C/o Shri Lal Viren Singh, Bhagat Ward, Near Bus Stand Dongargarh, District Rajnandgaon (CG).

2.

Mukesh Rathore, son of late Shri Ramcharan Lal Singh, aged about 50 years, R/o Village Keshkal, District Kondagaon (CG). 3.

Smt. Mamta Chandrakar, aged about 40 years, wife of Shri Pawan Chandrakar, Caste Kurmi, R/o village Surdongar, Tahsil Keshkal, District Kondagaon (CG).

4.

Smt.Hema Chopda, aged about 35 years, wife of Shri Deepak Chopda, R/o Keshkal, District Kondagaon (CG). 5.

Saurabh, aged about 25 years, son of Shri Mukesh Rathore, R/o Village Keshkal, District Kondagaon (CG).

6.

Vishal, aged about 22 years, son of Shri Mukesh Rathore, R/o Village Keshkal, District Kondagaon (CG).

7.

State of Chhattisgarh, Collector, District Kondagaon (CG). ---- Non-applicants For Applicant :

Shri Aman Kesharwani, Advocate For Non-applicant/State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/09/2016 (1) Heard on I.A. No.01, application for condonation of delay in

filing the MCC.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01 is allowed. Delay in filing the MCC is condoned. (3) Learned counsel for the applicant is heard on restoration application.

(4) The applicant is seeking restoration of Civil Revision No.80/2016 which was dismissed for want of prosecution vide order dated 30.06.2016.

(5) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 30.06.2016 when Civil Revision No.80/2016 was taken-up for hearing was based on bonafide grounds.

(6) Accordingly, M.C.C. No.690/2016 is allowed and Civil Revision No.80/2016 is restored to its original number subject to payment of cost of Rs.2,500/- payable to the High Court Legal Aid Committee within a period of 15 days from today.

Sd/- (Sanjay K. Agrawal) Judge L/-