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High Court Of ChhattisgarhMCC/881/2019allowed

Smt. Sudhari (Dead ) Through Lrs., Her Son, Ramsaran v. Feku Prasad

2020-02-17Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C No.881 of 2019

1. Smt. Sudhari (Dead ) Through Lrs., Her Son, Ramsaran S/o Late Devraj Aged About 55 Years R/o Village Gauripur, Police Station Premnagar, Tahsil And District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

2. (Deleted ) Smt. Surtaniya (Dead ) As Per Court Order Dt. 09-01-2020.

3. Smt. Rukmani (Dead ) Through Lrs., Her Son, Ranvrichh Sahu S/o Late Sumer, Aged About 45 Years R/o Village Gauripur, Police Station Premnagar, Tahsil And District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicants

Versus

1. Feku Prasad S/o Kamod Ram Aged About 36 Years Caste - Teli, Occupation, Agriculturist, R/o Village Gauripur, Police Station Premnagar, Tahsil And District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

2. (Deleted ) Mst. Lakhpatiya (Dead ) As Per Court Order Dt. 09-01-2020 And 0302-2020.

3. State Of Chhattisgarh Through The Collector, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

4. Smt. Parwati @ Thughani D/o Ranglal Aged About 68 Years Caste Teli, R/o Village Lakhanpur Ambikapur, District Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ------Non-Applicants For Applicants:

Shri FS Khare, Advocate.

For Non-Applicant No.3/State:

Shri Vikas Bhaskar, Panel Lawyer.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 17.02.2020 1.

Heard on IA No.01/2019, an application for condonation of delay of 89 days in filing the M.C.C.

2.

On due consideration of the reasons assigned therein, which is duly supported by an affidavit, the same is allowed. Accordingly, delay of 89 days in filing the M.C.C is hereby condoned.

3.

IA No.01/2019 thus stands disposed of.

4.

Heard on admission.

5.

This M.CC has been filed for restoration of S.A No.325/2007, which was dismissed by this Court vide order dated 01.05.2019 for want of prosecution. 6.

On due consideration of the reasons mentioned therein, the instant M.C.C is allowed and S.A No.325/2007 is restored to its original number subject to Applicants' depositing cost of Rs.2000/- payable to the High Court Legal Services Committee, Bilaspur within a period of two weeks from today. Sd/- (Sanjay S. Agrawal) JUDGE Priya