1 2025:CGHC:1656-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 45 of 2024 1 - Smt. Sharan Kaur Chhabra W/o Late Shri Paramjeet Singh Aged About 44 Years R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. 2 - Vinay Chhabra S/o Late Shri Paramjeet Singh Aged About 23 Years R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh. 3 - Aman Chhabra S/o Late Shri Paramjeet Singh Aged About 19 Years R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil And District Dhamtari,Chhattisgarh. 4 - Naman Chhabra S/o Late Shri Paramjeet Singh Aged About 12 Years Minor Through The Mother Natural Guardian Smt. Sharan Kaur Chhabra W/o Late Shri Paramjeet Singh, R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tehsil And District Dhamtari, Chhattisgarh. ... Applicants versus 1 - Rita Vishwas D/o Late Dr. Vishwas Aged About 40 Years R/o Baniyapara Ward, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh, District Dhamtari Chhattisgarh. Digitally signed by VAIBHAV SINGH Date: 2025.01.10 17:09:16 +0530 2 2 - Shreyank Aged About 17 Years, Through Mother Natural Guardian Rita Vishwas, R/o Baniyapara Ward, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh, District - Dhamtari Chhattisgarh. 3 - G. Suresh Pille S/o N.G.K. Pille Aged About 47 Years R/o Q. No. 7 F, Cross Street 1 Sector-1, Bhilai, District Durg, Chhattisgarh. 4 - Mohanlal Soni S/o Late Tejram Soni Aged About 52 Years R/o 101, Hanuman Nagar, Kalibadi, Raipur, Tahsil And District Raipur Chhattisgarh. 5 - Narayan Das Sitani S/o Manchomal Sitani Aged About 51 Years R/o Awanti Garden, Daldal, Sivni, Tahsil Mowa, District And Raipur, Chhattisgarh. 6 - State Of Chhattisgarh Through The District Collector Dhamtari, District Dhamtari, Chhattisgarh. ... Respondents _____________________________________________________________ For Applicants : Mr. Ajay Kumar Dwivedi, Advocate. For Respondent Nos. 1 & 2 : Mr. R. S. Patel, Advocate. For Respondent No. 3 : Mr. Akhil Kumar Samantary, Advocate. For Respondent No.4 : Reported to be unserved. For Respondent No.5 : None, though served For Respondent No.6/State : Mr. R.N. Pusty, G.A. Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Order on Board 10.01.2025 1. From perusal of the order impugned dated 01.12.2023, it appears that respondent Nos.1,2,3 & 6 were represented by their counsels but since no one was appeared on behalf of respondent No.4, - Mohanlal Soni, therefore, I am inclined to dispense with the service of notice upon the 3 said respondent as the said respondent appears to be formal with regard to the issue involved herein. 2. Also heard on admission. 3. This MCC has been filed for restoration of MCC No.12 of 2022. which was dismissed in default vide order dated 01.12.2023. 4. Counsel for the respondents have raised no objection with regard to the restoration of said MCC i.e. MCC No.12 of 2022. 5. On due consideration and for the reasons assigned in the petition for restoration of said MCC, we are inclined to allow the same. 6. Accordingly, the petition is allowed and said MCC No.12 of 2022 is directed to be restored to its original number. 7. No order as to costs. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Vaibhav