1 2025:CGHC:43831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 889 of 2025 1 - Smt. Sita Bai (Since Dead) W/o Puran Lal Aged About 45 Years Occupation Cultivation, R/o Village Kharora, Tehsil Bemetara, District Durg (Chhattisgarh) (Now District Bemetara) 2 - Ganesh Lal S/o Mohan Lal Agrawal Aged About 50 Years Occupation Cultivation, R/o Khamriya, Tehsil Bemetara, District Durg (Chhattisgarh), (Now District Bemetara) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Durg, Chhattisgarh. 2 - Additional, Commissioner Raipur Division, Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Vimlesh Bajpai, Advocate For Respondent(s) : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 29/08/2025 1. Heard on I.A. No. 01/2025, application for condonation of delay in filing restoration application. 2. Learned counsel for the applicant contends that Second Appeal No. 194/2002 was earlier pending consideration before this Hon’ble Court but on 26.04.2024 because of non-appearance of counsel it was dismissed for want of prosecution. He further contends that earlier appeal was filed under instruction of trial 2 court counsel and there was no direct communication with the applicant. Further the applicant’s spinal was fractured on 19.04.2024 and he was advised to take complete bed rest for 8 months. The medical documents are annexed herein as Annexure A/2. Therefore, there is delay of 443 days. 3. On due consideration and for the reasons mentioned therein, I am inclined to allow I.A. No. 01/2025 and the delay of 443 days is hereby condoned. 4. This MCC has been filed for restoration of S.A. No. 194 of 2002, which was dismissed for want of prosecution by this Court vide order dated 26.04.2024. 5. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am satisfied that sufficient cause has been shown for restoration of S.A. No. 194 of 2002. 6. Accordingly this MCC is allowed. Registry is directed to restore S.A. No. 194 of 2002 to its original number. Sd/- (Arvind Kumar Verma) JUDGE Madhurima