1 2025:CGHC:45927 HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 317 of 2025 1 - Baisakhu Ram (Now Late Throuth LRs) Late Sant Ram Raut R/o Village Kartala Tehsil Pali District - Korba Chhattisgarh (Diedon 08-05-2016 (Address Correctly Mentioned). 1.1 - Vijay Kumar Raut S/o Late Baisakhu Ram Aged About 35 Years R/o Village Kartala Tehsil Pali District - Korba Chhattisgarh. 1.2 - Kaushilya Bai D/o Late Baisakhu Ram Aged About 39 Years R/o Village Chaitma Tehsil Paali District - Korba Chhattisgarh. 2 - Sm. Ramkunwar Yadav W/o Baisakhu Ram Aged About 51 Years R/o Village Kartala Tehsil Pali District - Korba Chhattisgarh (Name and address correctly mentioned ) (Appellant No. 1 (A) and 1(B) are te Legal Heirs of the lateAppellant No. 1) ... Petitioners versus 1 - Mohan Mahto S/o Shri Prabhu Mahto Through Sanjay Singh R/o Dipka Road Baloda Near Manjli Talab Station Road District - Janjgir - Champa (C.G.). 2 - Sanjay Singh S/o Gopal Singh R/o Dipak Road Baloda District - Janjgir -Champa (C.G.) (Owner Of The Offending Tractor Bearing Registration No. CG-11 DA- 4082). 3 - Branch Manager, the Oriental Insurance Company Limited Champa District - Janjgir - Champa (C.G.) (Insurer of The Offending Tractor Bearing Registration No. CG- 11 DA- 4082 ... Respondents For the petitioners : Mr. Balraj Gupta & Mr. Palash Jha, Advocates For Respondent(s) : (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 09/09/2025 Heard on I.A.No.2 of 2025 which is an application for issuing fresh notice through paper publication. Learned counsel for the petitioners submits that he does not want to 2 press this application. Accordingly, I.A.no.2 is dismissed as not pressed. Heard on I.A.No.1/2025 for condonation of delay in filing the restoration application. It is stated that appellant no.1 Baisakhu Ram has died on 08.05.2016 and the previous counsel appearing for the appellants was not aware of death of appellant no.1 Baisakhu Ram and thereafter due to communication gap between the appellants and the previous counsel, the counsel did not appear on behalf of the claimants, which ultimately led to dismissal of the appeal for want of prosecution by order dated 15.06.2024. On due consideration of the reasons shown in the application (I.A.No.1), the delay in filing the instant MCC is condoned. I.A. No.1 is allowed. Heard on application for restoration. This MCC has been preferred for restoration of MAC No.1482 of 2015 which has been dismissed for want of prosecution on 15.06.2024. For the reasons stated in the restoration application which is supported by affidavit, I am satisfied that the applicants are able to explain substantial reasons for non-appearance of their counsel on 15.06.2024. Accordingly, the MCC is allowed and MAC is restored to its original number. Sd/- (Sanjay Kumar Jaiswal) Judge Rao