1 (MCC No. 599 of 2022) 2025:CGHC:3227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 599 of 2022 1 - Rukaiya D/o Late Liyaqat Ali Aged About 80 Years R/o Mominpara, Tehsil And District Raipur (C.G.) 2 - Mustaq Hasan Ali S/o Izrail Hasan Aged About 55 Years R/o Mominpara, Tehsil And District Raipur (C.G.) 3 - Akbar Ali S/o Izrail Hasan Aged About 32 Years R/o Mominpara, Tahsil And District Raipur (C.G.) --- Applicant(s) versus 1 - Kaniz Rubab W/o Ramzan Ali Aged About 80 Years R/o Mominpara, Tatyapara Raipur (C.G.) 2 - Kasim Ali (Died) Through Lrs. As Per Honble Court Order Dated 26-04-2024 2.1 -Haidar Ali S/o Late Kasim Ali, Aged About 65 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 2.2 - Safdar Ali S/o Late Kasim Ali, Aged About 62 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 2.3 - Sikandar Ali S/o Late Kasim Ali, Aged About 45 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 2.4 - Kambar Ali S/o Late Kasim Ali, Aged About 41 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 2.5 - Aarefa Bano D/o Late Kasim Ali, Aged About 46 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 2.6 - Firdos Bano D/o Late Kasim Ali, Aged About 50 Years R/o Momin Para, Near Haydri Maszid, Raipur, District Raipur (C.G.) 3 - Jehrul S/o Late Ramzan Ali Aged About 47 Years R/o Mominpara, Tatyapara Raipur (C.G.) 4 - Majahir Hussain S/o Ramzan Ali Aged About 45 Years R/o Mominpara, Tatyapara Raipur (C.G.) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART 2 (MCC No. 599 of 2022) 5 - Smt. Sirribai (Died) Through Lrs. As Per Honble Court Oder Dated 26-04-2024. As Per Honble Court Oder Dated 26-04-2024. 5.1 - Mushtak Ali S/o Izharul Hasan And Sirri Bai, Aged About 85 Years R/o Momiapara, Near Haydri Masjid, Raipur (C.G.) 5.2 - Ishteyaq Ali S/o Izharul Hasan And Sirri Bai, Aged About 83 Years R/o Momiapara, Near Haydri Masjid, Raipur (C.G.) 5.3 - Akbar Ali S/o Izharul Hasan And Sirri Bai Aged About 80 Years R/o Momiapara, Near Haydri Masjid, Raipur (C.G.) 5.4 - Mohaddesa Bano S/o Izharul Hasan And Sirri Bai, Aged About 57 Years R/o Momiapara, Near Haydri Masjid, Raipur (C.G.) 6 - Gulam Raza S/o Haji Zafar Aged About 55 Years R/o Mominpara, Tatyapara Raipur (C.G.) 7 - Zaheer Ali S/o Haji Zafar, Aged About 57 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 8 - Abbas Ali S/o Haji Zafar, Aged About 52 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 9 - Safdar Ali S/o Haji Zafar, Aged About 48 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 10 - Shahida Bano W/o Mumtaz Ali, Aged About 60 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 11 - Jahra Bano (Died) Through Lrs. As Per Hon'ble Court Order Dated 18-08-2023 And 26-04-2024 11.1 - Afsar Ali S/o Kambar Ali And Johra Bano, Aged About 42 Years R/o Mominpara, Near Haydri Masjid, Raipur (C.G.) 12 - Mehrunnisha W/o Zafar Ali Aged About 48 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 13 - Shabbo D/o Jafar Ali, Aged About 39 Years R/o Mominpara, Tatyapara Raipur (C.G.) 14 - Istak Hasan S/o Izrail Hasan Aged About 40 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 15 - Ku. Mohdisha Bano, D/o Izrail Hasa, Aged About 45 Years, R/o Mominpara, Tatyapara Raipur (C.G.) 3 (MCC No. 599 of 2022) 16 - Smt Tahira Bano (Died And Deleted) As Per Honble Court Order Dated 26-04-2024. 17 - Julfikaar Haidri S/o Safaat Hasan, Aged About 35 Years 18 - Tahir Fatima W/o Safaat Hasan, Aged About 50 Years 19 - Teesam Ali S/o Safaat Hasan Aged About 34 Years 20 - Mujahat Fatima W/o Meeraz Ali, Aged About 40 Years 21 - Juvikaar Hydri S/o Safaat Hasan, Aged About 30 Years 22 - Smt Shabida Bano, W/oTawanbar I Ali, Aged About 38 Year 23 - Betul Widow Of Late Liyaqat Ali, Aged About 65 Years, 24 - Hasani Fatima, W/o Akhtar Hasan Aged About 43 Years 25 - Aman S/o Late Liyaqat Ali, Aged About 37 Years 26 - Shamina D/o Late Liyaqat Ali, Aged About 34 Years 27 - Naseem S/o Late Liyaqat Ali, Aged About 38 Years All are R/o Mominpara, Tatyapara Raipur (C.G.) --- Non-applicant(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------- For Applicant :- Mr. M.L. Sakat, Advocate For Non-applicant(s) :- Mr. Vivek Kumar Tripathi, Advocate ------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17.01.2025 1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration of Second Appeal No.403/2009. 4 (MCC No. 599 of 2022) 2. After hearing learned counsel for the parties and going through the records, the delay of 760 days caused in filing the instant MCC is hereby condoned subject to payment of cost of Rs.3000/- (Rs. Three Thousand Only) to the learned counsel for the non-applicants. 3. With the consent of the parties, heard finally. 4. This MCC has been filed seeking restoration of Second Appeal No.403/2009, which was dismissed for non- compliance of this Court’s peremptory order dated 13.08.2020. 5. For the reasons stated in the application, the same is allowed. Second Appeal No.403/2009 is restored to its original number for its hearing and disposal in accordance with law. If the aforementioned cost is not paid and receipt is not filed before this Court within 15 days’ from today, this order of restoration shall become inoperative. 6. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!