1 2025:CGHC:1707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2547 of 2024 Roshan Mishra S/o. Ramkrishna Mishra Aged About 40 Years R/o. Shivom Agro Form Village Devada, Police Station And Tehsil Arang, Dist. Raipur (C.G.) ... Petitioner versus 1 - Mousami Mishra W/o. Roshan Mishra Aged About 39 Years R/o. Sardar Road, Balodabazar, Tehsil - Balodabazar, Distt. Balodabazar, Distt. Balodabazar-Bhatapara (C.G.) 2 - Minor Sivam Mishra (died) 3 - State Of Chhattisgarh Through District - Magistrate, Balodabazar-Bhatapara (C.G.) ---- Respondents For Petitioner : Mr. Rahul Pathak, Advocate holding the brief of Shri Vivek Tripathi, Advocate. For Respondent No.1 : Mr. Vikram Pratap, Advocate. For Respondent/ State : Mr. Rajeev Bharat, G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.01.2025 1. Learned counsel for the petitioner would submit that on account of peremptory order passed in CRMP No.319 of 2019 dated 9.10.2023, the petition has been dismissed. He would submit that Digitally signed by SMT NIRMALA RAO -2- three days’ time was granted to the petitioner to move an appropriate application for substitution of legal representatives on account of death of respondent No.2, but due to inadvertence, such application could not be filed. He would pray to restore the petition. 2. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that at the instance of the counsel for the petitioner, three days’ time was granted to file an application, but the petitioner failed to comply with the order dated 9.10.2023, therefore, the petition was dismissed. They would submit that the present petition for restoration deserves to be dismissed. 3. Heard counsel appearing for the parties and perused the documents present on record. 4. Taking into consideration the submissions made by counsel for the petitioner and the grounds raised in the application, same is allowed. CRMP No.319 of 2020 is restored to its original number subject to payment of cost of Rs.1,000/- payable to High Court Bar Library Fund. Sd/- (Rakesh Mohan Pandey) Judge Nimmi