1 (MCC No. 760 of 2018) 2025:CGHC:700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 760 of 2018 1 - Khemraj (Since Dead) Through Legal Heirs Nil 1.1 - (A). Lav Kumar S/o Late Khemraj Aged About 22 Years R/o Village Hasod, Post - Salar, Tahsil - Sarangarh, District Raigarh Chhattisgarh 1.2 - (B). Kush Kumar S/o Late Khemraj Aged About 20 Years R/o Village Hasod, Post - Salar, Tahsil - Sarangarh, District Raigarh Chhattisgarh 2 - Saroj Bai W/o Khemraj Aged About 23 Years R/o Village Hasod, Post - Salar, Tahsil - Sarangarh, District Raigarh Chhattisgarh 3 - Naresh Kumar (Since Dead) Through Legal Heirs His Wife 3.1 - (A). Muneshwari W/o Late Naresh Kumar Aghariya, Aged About 32 Years R/o Village - Tilaipali, Tahsil - Sarangarh District Raigarh Chhattisgarh 3.2 - (B). Lokesh Kumar S/o Late Naresh Kumar Aghariya Aged About 10 Years R/o Village - Tilaipali, Tahsil - Sarangarh District Raigarh Chhattisgarh 3.3 - (C) Ku. Kusum D/o Late Naresh Kumar Aghariya Aged About 7 Years R/o Village - Tilaipali, Tahsli - Sarangarh District Raigarh, Chhattisgarh. 4 - Lalit Ram S/o Shyam Sundar Gond, Aged About 21 Years R/o Village Tilaipali, P.H. No. 19, Tahsil Sarangarh, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh 5 - Kamal Kumar S/o Chaitan Prasad Aghariya, Aged About 18 Years R/o Village Tilaipali, P.H. No. 19, Tahsil Sarangarh, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh --- Applicant(s) versus 1 - Roop Ram (Died) Through Lrs As Per Hon'ble Court Order Dated 28.07.2023 ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART 2 (MCC No. 760 of 2018) 1.1 - (A) Smt. Kaushlya W/o Shri Nakul Patel, Aged About 49 Years R/o Village - Kharri, Tahsil - Sarangarh, District - Raigarh, Chhattisgarh. 1.2 - (B) Smt. Jeera Bai W/o Shri Dalganjan Patel Aged About 47 Years R/o Village - Padampur, Tahsil And District Bargarh (Odisha). 1.3 - (C) Smt. Ikto W/o Shri Hriday Patel Aged About 45 Years R/o Village - Kapartunga, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 1.4 - (D) Smt. Mantori W/o Shri Jaiharilal Patel Aged About 42 Years R/o Village - Kosmanda, Tahsil Dabhara, District - Janjgir - Champa, Chhattisgarh. 1.5 - (E) Smt. Bhanumati W/o Shri Ghanshyam Patel, Aged About 40 Years R/o Village - Rohinapali, Post Kapartunga, Tahsil Sarangarh, District Raigarh, Chhattisgarh. 2 - Dalganjan S/o Anant Singh Aghariya Aged About 40 Years R/o Padampur, Tahsil And District Bargarh, Orissa., District : Bargarh, Orissa 3 - Minor Narsingh S/o Dalganjan Aghariya Aged About 15 Years Represented By Dalganjan Aghariya, S/o Anant Singh Aghariya). R/o Village Tilaipali, Tahsil Sarangarh, District Raigarh Chhattisgarh 4 - Minor Yogesh Kumar S/o Dalganjan Aghariya Aged About 11 Years Represented By Dalganjan Aghariya, S/o Anant Singh Aghariya). R/o Village Tilaipali, Tahsil Sarangarh, District Raigarh Chhattisgarh 5 - Uderam S/o Shyam Sundar Gond Aged About 23 Years R/o Village Tilaipali, Tahsil Sarangarh, District Raigarh Chhattisgarh 6 - Minor Hetram (Since Dead) Through Lrs. 6.1 - (A). Kusum W/o Late Hetram Aged About 35 Years R/o Village - Tilaipali, Tahsil - Sarangarh District Raigarh Chhattisgarh 6.2 - (B). Ku. Mamta D/o Late Hetram Aged About 13 Years Represented Through Their Mother Kusum, W/o Late Hetram, R/o Village - Tilaipali, Tahsil - Sarangarh District Raigarh Chhattisgarh 6.3 - (C). Vishal S/o Late Hetram Aged About 10 Years Represented Through Their Mother Kusum, W/o Late Hetram, R/o Village - Tilaipali, Tahsil - Sarangarh District Raigarh Chhattisgarh 7 - State Of Chhattisgarh, Through Collector, Raigarh, District Raigarh Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) 3 (MCC No. 760 of 2018) ------------------------------------------------------------------------------- For Applicant :- Mr. Manoj K. Sinha, Advocate For Non-applicant-State :- Mr. Rahul Tamaskar, Govt. Advocate For Non-applicant :- None. ------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06.01.2025 1. Heard on I.A. Nos. 01 & 02, which are applications filed under Order 22 Rule 4 read with Rule 9 of the Code of Civil Procedure for setting aside the abatement and under Section 5 of Limitation Act respectively. 2. For the reasons stated in the applications, the same are allowed. The concerned legal representatives have already been brought on record. 3. With the consent of the parties, heard finally. 4. This MCC has been filed seeking restoration of SA No.331/2003, which was dismissed for want of prosecution by order of this Court dated 12.09.2018. 5. For the reasons stated in the application, the same is allowed. SA No.331/2003 is restored to its original number for its hearing and disposal in accordance with law. 6. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!