1 2025:CGHC:14744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 304 of 2025 1. Narendra Singh (Died) Through His Lrs. 1(A) Laxmaniya, W/o Shankar Singh, Aged About 38 Years, D/o Narendra Singh, R/o Village Mendra, Tehsil Khadgava, District Manendragarh-Chirmiri- Bharatpur (C.G.). 1(B) Jogesh, S/o Narendra Singh, Aged About 36 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri-Bharatpur (C.G.). 1(C) Mahendra, S/o Narendra Singh, Aged About 34 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri-Bharatpur (C.G.). 1(D) Sujit Kumar, S/o Narendra Singh, Aged About 33 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri-Bharatpur (C.G.). 1(E) Ramvati, D/o Narendra Singh, Aged About 30 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri-Bharatpur (C.G.). 1(F) Sunderiya Bai, W/o Narendra Singh, Aged About 58 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri-Bharatpur (C.G.). 2. Rama Bai (Died) Through Her Lrs. 2(A) Chatrapal Singh, S/o Late Gulab Singh, Aged About 40 Years, R/o Village Majhauli, P.S. & Tehsil Khadgava, District Manendragarh-Chirmiri- Bharatpur (C.G.). ... Applicants versus 1. Alpi Bai (Died) Through Her Lrs. 1(A) Son Sai, S/o Late Ranmat, R/o Sarai Gahna, Tehsil Baikunthpur, District Koriya (C.G.). 1(B) Ran Sai, S/o Late Ranmat, R/o Sarai Gahna, Tehsil Baikunthpur, District Koriya (C.G.). 2 1(C) Son Kunvar, D/o Late Ranmat, R/o Sarai Gahna, Tehsil Baikunthpur, District Koriya (C.G.). 1(D) Fulkumari, D/o Ranmat, R/o Sarai Gahna, Tehsil Baikunthpur, District Koriya (C.G.). 2. Collector, Surguja, District Surguja (C.G.). ... Respondents (Cause title taken from Case Information System) For Applicants : Mr. Purnendra Khichariya, Advocate. For State/Respondent No.2 : Mr. Amandeep Singh, P.L. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 27/03/2025 1. Heard on I.A. No.1/2025, application for condonation of delay of 5284 days’ in filing instant M.C.C for restoration of SA No.105/1994. 2. Learned counsel for the applicants would submit that second appeal bearing SA No.105/1994 was filed in the year 1994 by Narendra Singh and his sister Ram Bai. Aforesaid appeal was filed by them was dismissed for want of prosecution on 27.07.2010 by this Court, but their advocate did not inform them about the dismissal of appeal, subsequently Narendra Singh and Ram Bai died on 20.06.2015 and 19.12.2020, respectively. Present applicants are sons and daughters of original appellant, Ram Bai. Applicants were not aware about pendency and dismissal of the second appeal. They came to know about the said fact after service of notice issued by the Executing Court, therefore, instant MCC has been filed. He further submits that though there is huge delay of 5284 days in filing the restoration application, but the said delay is bonafide, hence, aforesaid application for condonation of delay and instant MCC may be allowed and second appeal may also be restored to its original number. 3. Learned State counsel submits that there is a huge delay of more than 14 years in filing of instant M.C.C., in between, interest of various other persons may also have been created in the disputed property, which will create further complications, in such situation, delay may not be condoned. 3 4. Perusal of judgment dated 04.11.1993 passed by the Additional District Judge, Manendragarh, District Surguja (C.G.) in Civil Appeal No.12A/1991, which was challenged before this Court by filing second appeal shows that suit was filed by original plaintiff Alpi Bai against Hirmatiya Bai claiming herself to be a daughter of Dhanpher and claiming that Hirmaitya Bai was not a wife of Dhanpher, despite that, she has mutated suit land of Dhanpher in her name. Trial Court has granted decree in favour of the plaintiff that she is also entitled to get half share of suit land. Judgment and decree was passed by the trial Court on 15.07.1991. 5. Aforesaid second appeal was dismissed by this Court on 27.07.2010 for want of prosecution. After lapse of more than 14 years, instant MCC has been filed for restoration of second appeal by the said Lrs’ of Ram Bai. Huge delay accrues substantive right in favour of other party, thus, there must be bonafide reason and sufficient cause to condone the delay. 6. Having considered the aforesaid facts, the reasons shown in the application to condone the inordinate delay of 5284 days in filing the instant M.C.C. are not found to be sufficient, therefore, I am not inclined to allow the I.A. No.1/2025, application for condonation of delay in filing the instant MCC. Hence, the same is rejected. 7. In view of above, instant M.C.C. also stands rejected. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA