1 (MCC No. 463 of 2020) 2025:CGHC:5071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 463 of 2020 1 - Chokhan Singh S/o Sahib Singh Gond Aged About 40 Years R/o Village Barvasan, Post Darri, Tehsil Pendraroad, District Bilaspur Chhattisgarh --- Applicant(s) versus 1 - Jarhu (Dead) S/o Mohansingh 1.1 - A. Shivprasad S/o Late Jarhu Aged About 62 Years Caste Gond, R/o Village Baarvasan, Post Darri, Tehsil Pendraroad, District Bilaspur Chhattisgarh 2 - Motilal Through Lrs. 2.1 - (A) Brijlal S/o Late Motelal Aged About 60 Years Resident Of Village Rajak , Post Surhi, Police Station Lormi, District Mungeli Chhattisgarh 2.2 - (B) Tejlal S/o Late Motelal Aged About 56 Years Resident Of Village Rajak , Post Surhi, Police Station Lormi, District Mungeli Chhattisgarh. 2.3 - (C) Sewa Singh S/o Late Motelal Aged About 50 Years Resident Of Village Rajak , Post Surhi, Police Station Lormi, District Mungeli Chhattisgarh 2.4 - (D) Puran Singh S/o Late Motelal Aged About 46 Years Resident Of Village Rajak , Post Surhi, Police Station Lormi, District Mungeli Chhattisgarh 2.5 - (E) Dholibai D/o Late Motelal, W/o Lakhan Singh Aged About 63 Years R/o Village Dhanput, Post Dhobhar , Police Station Pendraroad, Tehsil Marwahi , District Bilaspur Chhattisgarh 3 - Samay Lal Through Lrs 3.1 - (A) Urmila Bai D/o Late Samaylal , W/o Munshiram Aged About 40 Years R/o Village Dongariya, Police Station ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.01.30 10:39:08 +0530 2 (MCC No. 463 of 2020) Pendraroad, Tehsil Marwahi , District Bilaspur Chhattisgarh., 3.2 - (B) Smt. Besahni Bai W/o Late Ghasi Aged About 53 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.3 - (C) Nohar S/o Ghasi Aged About 25 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.4 - (D) Pitambar S/o Ghasi Aged About 22 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.5 - (E) Toman S/o Ghasi Aged About 19 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.6 - (F) Smt. Parwati W/o Late Gulab Singh Aged About 50 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.7 - (G) Narottam Singh S/o Late Gulab Singh Aged About 50 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh 3.8 - (H) Shok Singh S/o Late Gulab Singh Aged About 26 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela, District Bilaspur Chhattisgarh 3.9 - (I) Nandu Singh S/o Late Gulab Singh Aged About 20 Years Resident Of Village Barvasan , Post Darri, Police Station Gourela , District Bilaspur Chhattisgarh. 4 - Loksingh S/o Jawahar Singh Aged About 47 Years Caste Gond, R/o Village Barvasan, Post Darri, Tehsil Pendraroad, District Bilaspur Chhattisgarh 5 - State Of Madhya Pradesh (Now Chhattisgarh) Through The Collector Bilaspur Chhattisgarh, District : Bilaspur, CG --- Non-applicant(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------- For Applicant :- Mr. Siddharth Pandey, Advocate For Non-applicant-State:- Mr. Sharad Mishra, Panel Lawyer For Non-applicants :- Mr. Pradeep Kumar Jogi, Advocate ------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28.01.2025 1. Heard on IA No.03, which is an application filed under 3 (MCC No. 463 of 2020) Section 5 of the Limitation Act. 2. For the reasons stated in the application, the same is allowed. Delay in filing IA Nos.01 & 02 is hereby condoned. 3. Heard on IA No.02, which is an application filed under Order 22 Rule 9 of the CPC. 4. For the reasons stated in the application, the same is allowed. Accordingly, abatement is hereby set aside. 5. Also heard on Heard on IA No.01, which is an application for substitution of legal heirs of the deceased non-applicant Nos.1A, 3F & 4. 6. For the reasons stated in the application, the same is allowed. Let the legal heirs of the deceased non-applicant Nos.1A, 3F & 4 be brought on record within 07 days from today. 7. With the consent of the parties, heard finally. 8. This MCC has been filed seeking restoration of Second Appeal No.425/2009, which was dismissed for non- compliance of this Court’s peremptory order dated 02.09.2020. 9. For the reasons stated in the application, the same is allowed. Second Appeal No.425/2009 is restored to its original number for its hearing and disposal in accordance 4 (MCC No. 463 of 2020) with law. If the legal heirs of non-applicant Nos.1A, 3F & 4 are not brought on record within 07 days’ from today, this order of restoration shall become inoperative. 10. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!