Gulam Rabbani v. Ramniwas Sharma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 695 of 2019 Gulam Rabbani, S/o Gulam Jilani, Aged about 39 Years, R/o Shop No. 5 /11, Gurudwara Road, Supela Market, Bhilai, Tahsil & District Durg (C.G.) ---- Petitioner

Versus

Ramniwas Sharma, S/o Ramlakhan Sharma, Aged about 47 Years, R/o 5 /11, Gurudwara Road, Supela Market, Bhilai, Tahsil & District Durg (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Appellant : Shri Manish Upadhyay, Advocate.

For Respondent : Shri A.K. Prasad, Advocate.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board /08/2019 1.

Heard on application for restoration of FA No. 31 of 2015 which was dismissed on 26th July, 2019 for want of prosecution. 2.

Learned counsel for the respondent objecting the application would submit that earlier the appellant did not want to prosecute the case and did not appear, therefore, his case should not be restored. 3.

For the reasons mentioned in the application which is duly supported with an affidavit of Gulam Rabbani, I am satisfied that sufficient cause has been shown for restoration of FA No. 31 of 2015.

4.

Accordingly, MCC is allowed and FA No. 31 of 2015 is restored to its original number and the same be listed for final hearing on 13th August, 2019.

5.

A copy of this order be placed in the original file of FA No. 31 of 2015.

Sd/- (Ram Prasanna Sharma) Judge Vasant