Ajay Hariharno v. Kapil Sarna

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 1036 of 2019

1. Ajay Hariharno S/o Late Shri Balmukund Hariharno, Aged About 42 Years R/o House No. H.B. 13, Ground Floor Five Building (Beside Khalsa School), Durg, Tehsil And District Durg Chhattisgarh.

2. Kumari Abha Hariharno, Aged About 50 Years R/o Beside Sagar Hotel, New Deepak Nagar, Durg, Tehsil And District Durg Chhattisgarh.

---- Petitioner

Versus

• Kapil Sarna S/o Shri Manishchand Sarna, Aged About 39 Years R/o B-476, Sadak- 24, Smriti Nagar, Bhilai Tehsil And District Durg Chhattisgarh.

---- Respondent For Petitioner : Shri Harshwardhan Parghania, Advocate D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

25/11/2019 Heard on prayer for restoration application.

This appeal was dismissed in view of peremptory order dated 19.08.2019.

Learned counsel for the appellant submits that the relevant documents which were directed to be filed within a stipulated period could not be made available despite all efforts. He further submits that now the appellant is possessed of the relevant documents and would be filing the same within three days.

In view of the aforesaid statement made before this Court, the appeal is restored to its original number subject to the condition that the relevant

document shall be filed within three days, failing which the appeal shall stand automatically dismissed without further reference to the Bench. Let cost of Rs. 1,000/- to be paid to the High Court Legal Aid. MCC is thus allowed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan