Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 38442 (CHH)

VIMAL KUMAR RATHORE v. PARASNATH

MCC/802/2025 · 2025-08-07

Shri Sanjay K Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 (MCC No. 802 of 2025) 2025:CGHC:39934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 802 of 2025 1 - Vimal Kumar Rathore S/o Late Natwar Singh Aged About 38 Years 2 - Vinay Kumar Rathore S/o Late Natwar Singh Aged About 35 Years Natwar Singh (Appellant No. 14 Therein) S/o Shri Makhan Singh Has Died On 26.10.2014 Living Behind His Son Namely Vimal Kumar Rathore And Vinay Kumar Rathore, (Applicants Herein), Therefore, Instant Application Is Being Filed By The Son Of Natwar Singh. The Applicants Are By Caste Rathore And Are R/o Village Halahuli, Tahsil Kharsiaya, District Raigarh Chhattisgarh --- Applicant(s) versus 1 - Parasnath S/o Shri Chintamani Singh Aged About 40 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 2 - Devkinandan S/o Shri Chintamani Singh Aged About 39 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 3 - Raghunandan S/o Shri Chintamani Singh Aged About 35 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 4 - Indrakunwar Wd/o Shri Chintamani Singh Aged About 61 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 5 - Chhabilal S/o Shri Ayodhya Prasad Aged About 83 Years By ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.12 11:24:21 +0530 2 (MCC No. 802 of 2025) Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 6 - Amritlal (Died) Through Legal Heirs S/o Shri Chhabilal Aged About 52 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 6.1 - (A) Ghanshyam S/o Amritlal Aged About 36 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 7 - Krishna Kumar S/o Shri Chhabilal Aged About 54 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 8 - Nand Kumar (Died) Through Legal Heirs S/o Shri Chhabilal Aged About 47 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 8.1 - (A) Kriti Rathore W/o Nand Kumar Aged About 61 Years By Caste Rathore R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 8.2 - (B) Vivek Rathore S/o Nand Kumar Aged About 32 Years By Caste Rathore R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 8.3 - (C) Vipin Rathore S/o Nand Kumar Aged About 30 Years By Caste Rathore R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 8.4 - (D) Vibha Rathore D/o Nand Kumar Aged About 40 Years W/o Tarun Rathore, By Caste Rathore R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 9 - Vijay Kumar S/o Shri Chhabilal Aged About 44 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 10 - Yagya Kumar S/o Shri Chhabilal Aged About 41 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 11 - Smt. Membai (Died) Wd/o Late Chandramani Rathore Aged About 76 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 12 - Vinod Chandra Rathore S/o Late Chandramani Rathore Aged About 64 Years By Caste Rathore And R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 3 (MCC No. 802 of 2025) 13 - State Of Chhattisgarh Through Collector, Raigarh, District Raigarh (C.G.) 14 - Dharamlal (Died ) Through Legal Heirs S/o Shri Bhusan Singh Aged About 62 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 14.1 - (A) Smt. Bhagwati Bai Rathore W/o Late Dharam Lal Aged About 78 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 15 - Lakhan Lal (Died) Through Legal Heirs S/o Shri Bhusan Singh Aged About 55 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 15.1 - (A) Smt. Meera Bai Rathore W/o Late Lakhan Lal Aged About 75 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 15.2 - (B) Ravi Shankar Rathore S/o Late Lakhan Lal Aged About 52 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 16 - Bharat Lal (Died) Through Legal Heirs S/o Shri Bhusan Singh Aged About 54 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 16.1 - (A) Kevra Bai W/o Bharat Lal Aged About 68 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 16.2 - (B) Parmeshwar Singh Rathore S/o Bharat Lal Aged About 46 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 16.3 - (C) Ajay Rathore S/o Bharat Lal Aged About 40 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 16.4 - (D) Anjani Rathore D/o Bharat Lal Aged About 50 Years W/o Kamlesh Rathore, By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 16.5 - (E) Padmani Rathore D/o Bharat Lal Aged About 44 Years W/o Ratan Rathore, By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 17 - Satyadev S/o Shri Banshilal Aged About 50 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 18 - Kanhaiya Lal S/o Shri Banshilal Aged About 62 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 4 (MCC No. 802 of 2025) 19 - Ajeet Singh (Died) Through Legal Heirs S/o Shri Banshi Lal Aged About 39 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 19.1 - (A) Dulorin Bai W/o Ajeet Singh Aged About 57 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 19.2 - (B) Shiv Shankar S/o Ajeet Singh Aged About 33 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 19.3 - (C) Dayashankar S/o Ajeet Singh Aged About 30 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 19.4 - (D) Neelam Rathore D/o Ajeet Singh Aged About 35 Years W/o Nakul Sahu, By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 19.5 - (E) Gayatri Rathore D/o Ajeet Singh Aged About 31 Years W/o Dhannajay, By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 20 - Ramkrishna S/o Shri Banshilal Aged About 41 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 21 - Badriprasad S/o Shri Bhagwandeen Aged About 54 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 22 - Chhotelal S/o Shri Bhagwandeen Aged About 51 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 23 - Satyawan S/o Shri Bhagwandeen Aged About 49 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 24 - Omprakash S/o Shri Bhagwandeen Aged About 44 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 25 - Devanand S/o Shri Bhagwandeen Aged About 44 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 26 - Tiritharam S/o Shri Bhagwandeen Aged About 34 Years By Caste Rathore, R/o Village Madanpur, Tahsil Kharsiya, District Raigarh (C.G.) 5 (MCC No. 802 of 2025) 27 - Bhuvneshwar Prasad S/o Shri Vishnu Prasad Aged About 65 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 28 - Rameshwar Prasad (Died) Through Legal Heirs S/o Shri Vishnu Prasad Aged About 56 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 28.1 - (A) Anil Rathore S/o Late Rameshwar Prasad Aged About 55 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 28.2 - (B) Yashpal Rathore S/o Late Rameshwar Prasad Aged About 53 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 28.3 - (C) Ramkishore S/o Late Rameshwar Prasad Aged About 51 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 28.4 - (D) Bashanti Rathore D/o Late Rameshwar Prasad Aged About 43 Years W/o Satya Prakash, By Caste Rathore, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 29 - Godavari Bai D/o Shri Kaushal Prasad Aged About 60 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 30 - Digvijay Singh Rathore (Died) Through Legal Heirs S/o Shri Kaushal Prasad Aged About 74 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 30.1 - (A) Ravi Shankar S/o Digvijay Singh Rathore Aged About 59 Years R/o Village Navagaon, Post Sarhar, Tahsil Baradwar, District Janjgir Champa (C.G.) 30.2 - (B) Hari Shankar S/o Digvijay Singh Rathore Aged About 48 Years R/o Village Navagaon, Post Sarhar, Tahsil Baradwar, District Janjgir Champa (C.G.) 30.3 - (C) Rama Bai Rathore W/o Om Prakash Rathore Aged About 56 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 30.4 - (D) Santoshi Rathore W/o Vishnu Prasad Rathore Aged About 54 Years R/o Village Navagaon, Post Sarhar, Tahsil Baradwar, District Janjgir Champa (C.G.) 30.5 - (E) Rambaidehee W/o Jagannt Prasad Rathore Aged About 50 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 31 - Yamuna Bai D/o Shri Kaushal Prasad Aged About 74 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 6 (MCC No. 802 of 2025) 32 - Kaweri Bai (Died) Through Legal Heirs D/o Shri Kaushal Prasad Aged About 58 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 32.1 - (A) Manoj Rathore S/o Manbodh Lal Rathore Aged About 53 Years R/o Village Kanhaiband, Post Seoni, District Janjgir Champa (C.G.) 32.2 - (B) Devendra Rathore S/o Manbodh Lal Rathore Aged About 51 Years R/o Village Kanhaiband, Post Seoni, District Janjgir Champa (C.G.) 32.3 - (C) Hemlata Rathore W/o Ramkushal Rathore Aged About 57 Years R/o Village Kanhaiband, Post Seoni, District Janjgir Champa (C.G.) 32.4 - (D) Vijeshwari Rathore W/o Satya Narayan Rathore Aged About 63 Years R/o Village Kanhaiband, Post Seoni, District Janjgir Champa (C.G.) 33 - Sarojni Bai (Died) Through Legal Heirs D/o Shri Kaushal Prasad Aged About 65 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 33.1 - (A) Sakuntala W/o Ramhetu Aged About 73 Years M/o Late Sarojni Bai, R/o Village Ghaghra, Tehsil Kharsia, District Raigarh (C.G.) 34 - Parmanand (Died) Through Legal Heirs S/o Shri Ramdayal Aged About 62 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 34.1 - (A) Smt. Sita Bal Rathore Wd/o Late Parmanand Aged About 78 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 34.2 - (B) Govind Lal Rathore S/o Late Parmanand Aged About 66 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 34.3 - (C) Smt. Ujjain Bai Rathore W/o Jawahar Lal Rathore Aged About 64 Years D/o Parmanand, R/o Village Ghaghara, Tahsil Kharsia, District Raigarh (C.G.) 34.4 - (D) Smt. Safed Bai Rathore W/o Ramadhar Rathore Aged About 63 Years D/o Parmanand R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 34.5 - (E) Smt. Janak Kumari Rathore W/o Santosh Kumar Rathore Aged About 57 Years D/o Parmanand, R/o Village Sapiya, District Janjgir Champa (C.G.) 34.6 - (F) Smt. Meera Rathore W/o Kaleshwar Rathore Aged About 52 Years D/o Parmanand, R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 7 (MCC No. 802 of 2025) 34.7 - (G) Smt. Yogmaya Rathore W/o Ram Avtar Aged About 48 Years D/o Parmanand, R/o Village Ghaghara, Tahsil Kharsia, District Raigarh (C.G.) 35 - Ramnarayan (Died) Through Legal Heirs S/o Shri Shivdayal Aged About 64 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 35.1 - (A) Om Prakash Rathore S/o Ramnarayan Aged About 63 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 35.2 - (B) Jay Prakash Rathore S/o Ramnarayan Aged About 60 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 35.3 - (C) Rameshwari Bal Rathore D/o Ramnarayan Aged About 60 Years R/o Village Halahuli, Tahsil Kharsia, District Raigarh (C.G.) 35.4 - (D) Dhaneshwari Rathore D/o Ramnarayan Aged About 68 Years W/o Chandramani, R/o Village Kanhaiband, Post Seoni, District Janjgir Champa (C.G.) 35.5 - (E) Meena Bai Rathore D/o Ramnarayan Aged About 58 Years W/o Ravi Shankar, R/o Village Navagaon, Post Sarhar, District Janjgir Champa (C.G.) 36 - Dactor Singh S/o Shri Shivdayal Aged About 61 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) 37 - Roopnarayan Singh S/o Shri Shivdayal Aged About 57 Years By Caste Rathore, R/o Village Halahuli, Tahsil Kharsiya, District Raigarh (C.G.) --- Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------- For Applicant : Mr. Amit Kumar, Advocate For Non-applicant-State : Mr. Sharad Mishra, Panel Lawyer ------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08.08.2025 1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration of MCC No.552/2020. 8 (MCC No. 802 of 2025) 2. For the reasons stated in the application, the same is allowed and the delay of 423 days caused in filing the instant MCC is hereby condoned. 3. With the consent of the parties, heard finally. 4. This MCC has been filed seeking restoration of MCC No.552/2020, which was dismissed for non-compliance of this Court’s peremptory order dated 26.04.2024. 5. For the reasons stated in the application, the same is allowed. MCC No.552/2020 is restored to its original number subject to removal of defaults as pointed out by the Registry in MCC No.552/2020 within 15 days from today, failing which this order of restoration shall become inoperative. 6. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!