1 (MCC No. 577 of 2020) 2025:CGHC:14122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 577 of 2020 1 - Dhanushram S/o Shital Dhobi, Aged About 48 Years Occupation Farmer, R/o Village Chandeni, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh (Dead Through Lrs vide Hon’ble Court order dated 24.03.2025) 1(a) Smt. Sajan Bai Rajak W/o Late Dhanushram, aged about 71 years, Resident of Village Chandaini, Post-Mandia, Tehsil Khairagarh, District - Khairagarh Chhuikhadan Gandai (C.G.) 1(b) Smt. Shanti Rajak W/o Late. Ramji Rajak, aged about 50 years, Resident of VillageItar, Post-Itar, Tehsil -Khairagarh, District Gandai (C.G.) Khairagarh Chhuikhadan 1(c) Smt. Sabita Rajak W/o Santosh Rajak, aged about 48 years, Resident of Village Gandai, Post Gandai, Tehsil - Gandai, District Khairagarh - Chhuikhadan -Gandai (C.G.) 1(d) Kanta Rajak S/o Late Dhanushram, aged about 47 years, Resident of Village - Chandaini, Post Mandla, Tehsil Khairagarh, District Khairagarh Chhuikhadan - Gandai (C.G.) 1(e) Kumari Rajak D/o Late Dhanushram, aged about 40 years, Resident of Village Chandaíni, Post-Mandla, Tehsil Khairagarh, District Khairagarh Chhuikhadan Gandai (C.G.) 1(f) Smt. Purshotin Rajak W/o Satanand Rajak, aged about 38 years, Resident of Village Khudmudi, Post-Khudmudi, Tehsil - Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (C.G.) 1(g) Smt. Mohini Rajak W/o Jailal Rajak, aged about 36 years, Resident of Village Lamra, Post Pailimeta, Tehsil- Gandai, District Khairagarh Chhuikhadan Gandai (C.G.) 1(h) Laxmi Rajak D/o Late Dhanushram, aged about 29 years, Resident of Village Chandaini, Post - Mandla, Tehsil Khairagarh, District Chhuikhadan - Gandai (C.G.) Khairagarh 1(i) Smt. Uttra Rajak W/o Narottam Rajak, aged about 33 years, Resident of Village - Tatikasa, Post-Ranbirpur, Tehsil - Kawardha, District - Kabirdham (C.G.) - ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.03.27 10:40:13 +0530 2 (MCC No. 577 of 2020) 1(j) Smt. Gayatri Rajak W/o Yogesh Rajak, aged about 31 years, Resident of Village Kokhpur, Post Kokhpur, Tehsil - Dongargaon, District - Rajnandgaon (C.G.) --- Applicant(s) versus 1 - Birbal Dead Through Lrs- 1 (A) Smt. Ram Kumari Wd/o Birbal, Aged About 60 Years R/o Village Dunda, Post Mandala, Tahsil Khairagarh, District Rajnanadgaon Chhattisgarh 1 (B) Chandra Kumar S/o Late Birbal, Aged About 30 Years R/o Village Dunda, Post Mandala, Tahsil Khairagarh, District Rajnanadgaon Chhattisgarh 1 (C) Shrawan Kumar S/o Late Birbal, Aged About 33 Years R/o Village Dunda, Post Mandala, Tahsil Khairagarh, District Rajnanadgaon Chhattisgarh 1 (D) Manoj Kumar S/o Late Birbal, Aged About 20 Years R/o Village Dunda, Post Mandala, Tahsil Khairagarh, District Rajnanadgaon Chhattisgarh 1 (E) Surendra Kumar S/o Late Birbal, Aged About 18 Years R/o Village Dunda, Post Mandala, Tahsil Khairagarh, District Rajnanadgaon Chhattisgarh 1 (F) Tara Bai D/o Late Birbal, Wd/o Dilip Lodhi, Aged About 38 Years R/o Village Pasalkhaira, Post Mandala, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 1 (G) Champa Bai D/o Late Birbal, W/o Kunjlal, Aged About 35 Years R/o Village Baihatola, Post Deori, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 1 (H) Chandrakali Bai D/o Late Birbal, W/o Dinesh, Aged About 28 Years R/o Village Achholi, Post Mandala, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 1 (I) Herobai D/o Late Birbal, W/o Komal, Aged About 25 Years R/o Village Vikrampur, Post Deori, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 2 (A) Dewan S/o Bhikham, Aged About 35 Years (Son), R/o Village Dunda, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 2 (B) Sohaga Bai (Died through Lrs as per Hon’ble Court order dated 24.03.2025) 2 (B)(i) Smt. Gonda Bai, W/o Narottam Verma, aged about 35 years, R/o Ward No.8, Ramnagar, Kawardha, District – Kabirdham 2 (C) Amrika Bai D/o Bhikham W/o Paras Lodhi, Aged About 24 Years R/o Pandariya Sandi, Tahsil Chhuuikhadan, District Rajnandgaon Chhattisgarh 3 (MCC No. 577 of 2020) 3 - Sundar Bai S/o Hirau Lodhi, Aged About 55 Years R/o Village Khairjhiti, Tahsil Dhamdha, District Durg Chhattisgarh, 4 - Parem Dead Through Lrs- 4 (A) Smt. Geeta Bai W/o Shri Bhola Lodhi, Aged About 40 Years R/o Village Achholi, Post Mandla, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (B) Smt. Godavari W/o Shri Ajay Lodhi, Aged About 38 Years R/o Village Jeeratola, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh 4 (C) Smt. Hemin Bai W/o Shri Bhagirathi Lodhi, Aged About 36 Years R/o Village Dunda, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (D) Smt. Gayatri Bai W/o Shri Niranjan Lodhi, Aged About 34 Years R/o Village And Post Padmawatipur, Tehsil Chhuikhadan, District Rajnandgaon Chhattisgarh 4 (E) Smt. Kesari Bai W/o Shri Himmat Lodhi, Aged About 30 Years R/o Village Katalwahi, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (F) Santosh S/o Late Parem Das Lodhi, Aged About 26 Years R/o Village Duda, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (G) Ku. Lakeshwari D/o Late Parem Das Lodhi, Aged About 20 Years R/o Village Duda, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (H) Ku. Sheetla D/o Late Parem Das Lodhi, Aged About 24 Years R/o Village Duda- Chandaini, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (I) Ku. Khileshwari D/o Late Parem Das Lodhi, Aged About 18 Years R/o Village Duda- Chandaini, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 4 (J) Smt. Sohadra W/o Late Parem Das Lodhi, Aged About 18 Years Village Duda- Chandaini, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh 5 (A) Gaya Bai (Dead) 5 (B) Sharad Kumar Singh S/o Late Gandhisharan Singh, Aged About 45 Years R/o Bus Stand Khairagarh, District Rajnandgaon Chhattisgarh 5 (C) Madhuri Singh D/o Late Shri Gandhisharan Singh, Aged About 65 Years R/o Bus Stand Khairagarh, District Rajnandgaon Chhattisgarh 5 (D) Devki Bai D/o Late Shri Gandhisharan Singh, Aged About 60 Years R/o Bus Stand Khairagarh, District Rajnandgaon Chhattisgarh 4 (MCC No. 577 of 2020) 5 (E) Khambhan Bai D/o Late Shri Gandhisharan, Aged About 53 Years R/o Bus Stand Khairagarh, District Rajnandgaon Chhattisgarh 5 (F) Mina Bai, D/o Late Gandhisharan, Aged About 48 Years R/o Bus Stand Khairagarh, District Rajnandgaon Chhattisgarh 6 - Smt. Puniya Bai (Died) Through Legal Heirs- As Per Hon'ble Court Order Date- 11-08-2023. 6 (A)- Smt. Gendbai D/o Late Ramprasad Dhankar R/o- Village- Kamtha, Tahsil- Khairagarh, District- Khairagarh- Chhuikhadan-Gandai, Chhattisgarh. 7 - State Of Madhya Pradesh Now Chhattisgarh Through The Collector Rajnandgaon Chhattisgarh --- Non-applicant(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------- For Applicant :-Mr. Dhirendra Prasad Mishra, Advocate For Non-applicant-State :-Mr. Sharad Mishra, Panel Lawyer ------------------------------------------------------------------------------- SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24.03.2025 1. Heard on I.A. Nos.06, 07 & 08/2025, which are applications filed under Order 22 Rule 4 of the CPC, under Order 22 Rule 9 of the CPC and under Section 5 of the Limitation Act respectively. 2. For the reasons stated in the applications, all the applications are allowed. Delay is condoned and abatement is set aside. Let the legal representative of deceased non- applicant No.2(b) – Smt. Sohaga Bai be brought on record during the course of the day. 3. Also heard on I.A. No.09/2025, which is an application filed under Order 22 Rule 3 of the CPC, 1908. 5 (MCC No. 577 of 2020) 4. On due consideration and for the reasons mentioned in the application, the same is allowed. Let the legal representatives of the sole applicant – Dhanushram, as proposed in the application, be brought on record during the course of the day. Accordingly, the legal representatives have been brought on record. 5. With the consent of the parties, heard finally. 6. This MCC has been filed seeking restoration of SA No. 173/2009 which was dismissed for non-compliance of this Court’s peremptory order dated 19.02.2020. 7. For the reasons stated in the application, the same is allowed. SA No.173/2009 is restored to its original number subject to payment of cost of Rs.2,000/- (Rupees Two Thousand Only) before the High Court Legal Services Committee and file proof thereof before this Court within 15 days from today. It is made clear that failure to deposit the amount of cost by the applicant within above time frame, will lead to automatic dissolution of this order. 8. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!