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2025 DAILYLAW 10363 (CHH)

SMT. TIJMATI v. STATE OF M.P.

MCC/181/2021 · 2025-01-13

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:1903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 181 of 2021 1 - Smt. Tijmati Wd/o Ramadhar, R/o Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Shivcharan, Aged About 17 Years Minor Through Natural Guardian Mother Smt. Tijmati W/o Ramadhar, R/o Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Rajendra, Aged About 15 Years Minor Through Natural Guardian Mother Smt. Tijmati W/o Ramadhar, R/o Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - Narendra, Aged About 13 Years Minor Through Natural Guardian Mother Smt. Tijmati W/o Ramadhar, R/o Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 5 - Brihaspati Bai, D/o Ramadhar, Aged About 10 Years Minor Through Natural Guardian Mother Smt. Tijmati W/o Ramadhar, R/o Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 6 - Ram Charan, Aged About 24 Years R/o Village Pali, Tahsil Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 7 - Pran Nath, Aged About 29 Years R/o Village Pali, Tahsil Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 8 - Son Kunwar Wd/o Chintaram, R/o Village Pali, Tahsil Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 9 - Munna, S/o Satelram Marar, Aged About 35 Years R/o Village Bandhakhar, Tahsil Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh 10 - Santosh S/o Satelram, Aged About 20 Years Marar (Since Dead), Through His Legal Representatives- 10.1 - (A) Rajkumari, W/o Santosh, Aged About 39 Years Resident As Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 10.2 - (B) Kishan Patel, S/o Santosh, Aged About 20 Years Resident As Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 10.3 - (C) Ku. Kiran, D/o Santosh, Aged About 17 Years Minor Through Her Natural Guardian Mother Rajkumari, W/o Santosh, Resident As Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 10.4 - (D) Shubham Patel, S/o Santosh, Aged About 14 Years Minor Through His Natural Guardian Mother Rajkumari, W/o Santosh, Resident As Village Pali, Tahsil Pali, District Korba Chhattisgarh., District : Korba, Chhattisgarh 11 - Gulab Singh Patel, S/o Budhram Marar Aged About 45 Years R/o Village Dona Sagar, Tahsil Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 12 - Krishan Singh, S/o Gulab Singh Patel Aged About 25 Years R/o Village Dona Sagar, Tahsil Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 13 - Satish, S/o Gulab Singh Patel Aged About 20 Years R/o Village Dona Sagar, Tahsil Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 14 - Sakeena, D/o Gulab Singh, Aged About 22 Years R/o Village Dona Sagar, Tahsil Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 15 - Smt. Rambati, D/o Chintaram Marar, W/o Murari Marar, R/o Village Binjhara, Tahsil Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh ... Applicants versus Digitally signed by SHAYNA KADRI 2 1 - State Of M.P. Now State Of Chhattisgarh Through The Collector Korba, Tahsil And District Korba Chhattisgarh, District : Korba, Chhattisgarh 2 - Additional Tahsildar, Pali, Shri A.K. Agrawal, Pali, Tahsil Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh 3 - Umashankar Jaiswal S/o Shri Ram Pratap Jaiswal, Aged About 32 Years Businessman, R/o Village Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - Reshram Patel, S/o Budhram Patel Cultivator Aged About 25 Years R/o Village Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 5 - Smt. Radhabai, W/o Kamal Ram Patel, Aged About 35 Years Cultivator, R/o Village Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh 6 - Krishna Kumar, S/o Budhram Patel, Aged About 28 Years Cultivator, R/o Village Pali, District Bilaspur, At Present District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Applicants : Mr. Viprasen Agrawal Advocate For State : Mr. Amandeep Singh, Panel Lawyer For Resp. No. 3 to 6 : None (though served) (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 13/01/2025 1. Heard on I.A. No. 01 of 2021 which is an application for condonation of delay under Section 5 of Limitation Act in filing application for restoration of first appeal which was dismissed for want of prosecution. 2. On due consideration of the submission made by learned counsel for applicant as also pleadings made in the application, I.A. No. 01 of 2021 is allowed. Delay in filing this MCC is hereby condoned. 3. Also heard on MCC, application for restoration of First Appeal No. 84 of 2006 which was dismissed for want of prosecution on 24.01.2019. 4. On due consideration of the submission made by learned counsel for applicant as also pleadings made in the application, this MCC seeking restoration of First Appeal No. 84 of 2006 is allowed. 5. First Appeal No. 84 of 2006 is restored to its original number. Sd/- (Parth Prateem Sahu) Shayna JUDGE