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2025 DAILYLAW 4082 (CHH)

AFJIYA MEMON v. HARDAYAL SINGH

MCC/71/2025 · 2025-01-24

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:4426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 71 of 2025 1 - Afjiya Memon W/o Tabrez Memon Aged About 32 Years R/o Behind Old Mosque, Ravi Nagar, Pandritarai, Raipur, Tahsil And District Raipur Chhattisgarh ... Applicant versus 1 - Hardayal Singh S/o Late Thamman Singh Aged About 67 Years R/o Ravi Nagar, Shukla Colony, Raipur, Tahsil And District Raipur Chhattisgarh 2 - Virendra Singh S/o Sardar Pyara Singh Aged About 68 Years R/o Shanti Nagar, Behind House Of Ex-Parshad Gaggi, Raipur, Tahsil And District Raipur Chhattisgarh ... Respondents (Cause title, as taken from CIS) For Applicant : Mr. Sourabh Sahu, Advocate (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 24/01/2025 1. Heard on I.A. No.01/2025, application for condonation of delay in filing the instant MCC. 2. On due consideration and for the reasons mentioned in the application, which is well supported by an affidavit, the same is allowed and delay of 158 days in filing the instant MCC is hereby condoned. 3. Also heard on MCC. 2 4. This MCC has been filed for restoration of SA No.195/2024, which was dismissed on the basis of peremptory order dated 09.07.2024. 5. Learned counsel for the applicant would submit that the concerned second appeal was dismissed pursuant to peremptory order dated 09.07.2024 passed by this Court, as applicant herein could not rectify the defect within specified period, hence, he prays that this MCC may be allowed and the concerned SA No.195/2024 may be restored in its original number. 6. Having considered the reasons mentioned in the application, which is well supported by an affidavit, this MCC is allowed and impugned order dated 09.07.2024 is recalled. The Registry is directed that SA No.195/2024 (Afjiya Memon vs. Hardayal Singh) be restored in its original number. 7. Accordingly, this MCC is allowed. Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.01.24 16:59:11 +0530