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High Court Of ChhattisgarhMCC/536/2021disposed off

Roopnarayan Verma, v. Smt. Chitrekha,

2021-11-30Hon'Ble The Chief Justice,Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 536 of 2021 Roopnarayan Verma, S/o Late Shri Ghanshyam Singh Verma, Aged About 53 Years R/o. Ward No. 19, Clubpara, Mahasamund, Tehsil And District Mahasamund Chhattisgarh ---- Petitioner

Versus

Smt. Chitrekha, D/o Late Shri Neelkanth Verma, Aged About 49 Years R/o. Village And Post Boriyakala, Near Mana, Raipur, Tehsil And District Raipur Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Prasoon Agrawal, Advocate Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri N.K. Chandravanshi Judge Order on Board Per Arup Kumar Goswami, Chief Justice 30.11.2021 Heard Mr. Prasoon Kumar Agrawal, learned counsel for the petitioner. 2.

The appeal was admitted for final hearing vide order dated 09.09.2019. There is a defect on the part of the appellant in not filing the paper-book. On 06.04.2021, this Court passed the following order : "Shri Anshul Tiwari, Advocate on behalf of Shri Manoj Paranjpe, Advocate for the appellant.

Shri Kishan Chand Gendle, Advocate on behalf of Shri Goutam Khetrapal, Advocate for the respondent. As prayed by learned counsel for the appellant, three weeks' time is granted to make good the default, failing which the appeal shall stand dismissed automatically without further reference to the Bench."

3.

It is to be noted that despite service of notice, respondent had not entered appearance. Because of the failure of the appellant to take steps as required by order dated 06.04.2021, the Registrar (Judicial) passed on order dated 06.07.2021 treating the appeal as dismissed for non-compliance of the order passed by this Court dated 06.04.2021. 4.

Relying on the averments made in MCC No.536 of 2021, which is filed for restoration of the appeal, it is submitted by Mr. Agrawal that the paperbook could not be filed in time as some relatives were suffering from COVID-19. Mr. Agrawal submits that now the paper-book is ready and he may be permitted to file the same on or before 03.12.2021. 5.

In that view of the matter, the appellant is permitted to file paper-book on or before 03.12.2021. We restore the appeal to file in its original number. 6.

Registry will now list the appeal on 03.12.2021 with a report in connection with filing of the paper book. .

7.

MCC No.536 of 2021 stands disposed of.

Sd/- Sd/- (Arup Kumar Goswami) (N. K. Chandravanshi) Chief Justice Judge Anu