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2025 DAILYLAW 20359 (CHH)

SHRI SUDAMA PRASAD v. DR. AVINASH TRIPATHI

MCC/631/2024 · 2025-01-10

Shri Radhakishan Agrawal, Shri Sanjay Agrawal

body2025

Judgment text

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1 2025:CGHC:1603-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 631 of 2024 Shri Sudama Prasad S/o Sharda Prasad Shulka, Aged About 68 Years R/o Green Park Colony, Jarhabhata, Tahsil And District Bilaspur C.G. ... Applicant versus Dr. Avinash Tripathi S/o Dr. Lal Bahadur Tripathi, R/o Gouri Ganesh Colony, Shubham Vihar, Bilaspur, Tahsil And District Bilaspur C.G. ...Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate For Non-applicant : Mr. Rahul Mishra. Advocate D.B. : Hon'ble Shri Justic e Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Order on Board 10.01.2025 1. Heard on I.A. No.01/2024, an application for condonation of delay of 04 days in filing of this petition. No reply has been filed with regard to the said application. 2. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, we are inclined to allow the same. 2 3. The application (I.A. No.01/2024) is allowed and delay in filing of this petition is, accordingly, condoned. 4. Also heard on admission. 5. This petition has been filed for restoration of FA No.176/2018, which was dismissed in default vide order dated 01.04.2024. 6. For the reasons assigned in the application for restoration of the said appeal, which is duly supported by the affidavit, we are inclined to allow the same. 7. Accordingly, the instant petition is allowed and appeal being FA No.176/2018, is directed to be restored is its original number. No order as to costs. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Radhakishan Agrawal) Judge Arpan