Page No.1 of 3 IN MCC-353-2020 2025:CGHC:1378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 353 of 2020 1 - Ghasin Bai [died and deleted as per CO dt. 08.01.2025] 1(A) – Bisnath Bhariya S/o Late Maiku Bhariya aged about 56 years, 1(B) – Punnulal Bhariya S/o Late Maiku Bhariya aged about 51 years, [Both Resident of Village Sadhwani, Tehsil- Pendra Road, District Gaurela-Pendra-Marwahi (CG)] 1(C) – Dasaru Bhariya S/o Late Hasnu Bhariya S/o Late Maiku Bhariya aged about 26 years, R/o Village Patgawan (Bhariyan Mohalla) Tehsil Pendra Road, District Gaurela-Pendra-Marwahi (CG) 2(A) Tijju [died and deleted as per CO dt. 08.01.2025] 2(A)(i) – Smt. Maiki Bai W/o Late Tijju aged about 57 years, 2(A)(ii) – Kunwar Lal S/o Late Tijju aged about 37 years, 2(A)(iii) – Gumanu Prasad S/o Late Tijju aged about 33 years, 2(A)(iv) – Reva Prasad S/o Late Tijju aged about 31 years, 2(A)(v) – Gumanu Prasad S/o Late Tijju aged about 26 years, [All Resident of Village Patgawan, Tehsil Pendra, District Gaurela- Pendra-Marwahi (CG)] 2(B) Marhu S/o Late Semlal Bhariya, Aged About 29 Years R/o Village Patagawan, Post Pendra, Tahsil Pendra, District Bilaspur Chhattisgarh 2(C) Kartik S/o Late Semlal Bhariya, Aged About 23 Years R/o Village Patagawan, Post Pendra, Tahsil Pendra, District Bilaspur Chhattisgarh ... Petitioner(s) Versus 1 - Madanlal Goyanka [died and deleted as per CO dt. 08.01.2025] 1(A) – Dr. Sitaram Goyanka S/o Late Madanlal Goyanka aged about 77 years, Resident of Ward No.05, Bajrang Chowk, Pendra Tehsil- Pendra, District Gaurela-Pendra-Marwahi (CG) SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.01.09 16:16:05 +0530 Page No.2 of 3 IN MCC-353-2020 2 - Ramjilal Goyanka S/o Late Hanuman Prasad, Aged About 68 Years R/o Village Pendra, Post And Tahsil Pendra, District Bilaspur (Chhattisgarh) ... Respondent(s) (Cause-title taken from Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Aditya Khare, Advocate ------------------------------------------------------------------------------------------------ SB: Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08 . 01 .202 5 1. Heard on IA No.03 & IA No.06, which are applications filed under Section 05 of the Limitation Act seeking condonation of delay in filing applications for bringing LRs of non-applicant No.1 and applicants No.1 & 2A on record respectively. 2. For the reasons mentioned in the applications, the same are allowed. Delay in filing both the applications are hereby condoned. 3. Also heard on IA No.02 & IA No.05, which are applications filed under Order 22 Rule 09 of CPC for setting aside abatement. 4. For the reasons stated in the applications, the same are allowed. Abatement is accordingly set aside. 5. Heard on IA No.01 & IA No.04, which applications filed under Order 22 Rule 04 of CPC for substitution of LRs of the deceased non- applicant No.01 and under Order 22 Rule 03 for substitution of LRs of the deceased applicant No.01 & 2A on record respectively. 6. For the reasons mentioned in the applications, the same are allowed. Let the LRs of the deceased non-applicant No.01 and applicants No.01 & 2A, as proposed in the application, be brought on Page No.3 of 3 IN MCC-353-2020 record during the course of the day. 7. Also heard on main application for restoration. 8. This MCC has been filed seeking restoration of SA No.23 of 2009 which was dismissed for non-compliance of peremptory order dated 16.03.2020. 9. For the reasons stated in the application, the same is allowed. SA No.23 of 2009 is restored to its original number for hearing and disposal in accordance with law. 10. Accordingly, the MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge s@if