1 2025:CGHC:8633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 521 of 2024 1. Surjeet Singh Khanuja S/o Late Shri Raja Singh Aged About 46 Years R/o Ward No. 15, Bannak Chowk Sirgitti, Bilaspur, Tahsil And Distt. Bilaspur (C.G.) 2. Daljeet Singh Khanuja S/o Late Shri Raja Singh Aged About 36 Years R/o Ward No. 15, Bannak Chowk Sirgitti, Bilaspur, Tahsil And Distt. Bilaspur (C.G.) ... Applicants versus 1. Bahadur Singh S/o Late Shri Raja Singh Aged About 60 Years R/o Ward No. 15, Bannak Chowk Sirgitti, Bilaspur, Tahsil And Distt. Bilaspur (C.G.) 2. Gurameet Singh S/o Late Shri Raja Singh Aged About 58 Years R/o Ward No. 15, Bannak Chowkpur Sirgitti, Bilaspur, Tahsil And Distt. Bilaspur (C.G.) 3. Surendra Singh S/o Late Shri Raja Singh R/o Sirgitti Thana Sirgitti Bilaspur Tahsil And Distt. Bilaspur (C.G.) 4. State Of Chhattisgarh Through Collector Bilaspur (C.G.) ... Non-applicants For Applicants : Mr. Vivek Kumar Tripathi, Advocate For Respondents No. 2 and 3 : Ms. Prakriti Deo, Advocate For State/Respondent No.4 : Ms. Pragya Pandey, Dy. G.A. Single Bench : Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 19.02.2025 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.02.19 18:11:12 +0530 2 1. Heard on admission. 2. This M.C.C. has been filed for restoration of F.A No.152/2018, which was dismissed in default by this Court vide order dated 04/02/2021, as counsel engaged by the appellants had pleaded no instructions on the said day. 3. Learned counsel for the applicants submits that though the counsel engaged by them had pleaded no instructions on the said day i.e. 04.02.2021, but “no instructions” as such was, however, not given to him and, therefore, the said appeal which was dismissed in default may kindly be restored to its original number. 4. Learned counsel appearing for respondents No.2 and 3 has raised an objection that since the sufficient reasons have not been assigned for the restoration of the said appeal, therefore, the petition as made deserves to be dismissed. 5. Having considered the aforesaid contention of the parties and considering further that since the applicants had not instructed to their earlier counsel to plead no instructions when the said appeal was called for hearing on 04.02.2021, I am, therefore, inclined to allow this petition. 6. Accordingly, the instant M.C.C. is allowed and the said appeal i.e. F.A. No.152/2018 is directed to be restored to its original number. No order as to costs. Sd/- (Sanjay S. Agrawal) Judge vaishali 3