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2025 DAILYLAW 42352 (CHH)

SAVITRI SINGHANIA v. GIRDHAR

MCC/731/2023 · 2025-06-19

Shri Sanjay K Agrawal

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Judgment text

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1 (MCC No. 731 of 2023) 2025:CGHC:26391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 731 of 2023 1 - Savitri Singhania Wd/o Late Maluram Singhania Aged About 84 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.) 2 - Kapiraj Singhania S/o Late Maluram Singhania Aged About 60 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.) 3 - Birendra Singhania S/o Late Maluram Singhania Aged About 58 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk, Raipur, District Raipur (C.G.) 4 - Giriraj Singhania S/o Late Maluram Singhania Aged About 51 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.) 5 - Raghvendra Singhania S/o Late Maluram Singhania Aged About 49 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.) 6 - Madhu Agrawal Wd/o Late Hemant Agrawal Aged About 55 Years D/o Late Maluram Singhania, R/o C-2 Building Flat No. 602, Karishma Apartments Vidhan Sabha Road, Kamardih, Raipur, District Raipur (C.G.) 7 - Manju Khedia W/o Shriniwas Khedia Aged About 53 Years D/o Late Maluram Singhania, R/o Sector 1, A-Market, Bhilai District Durg (C.G.) Maluram Singhania S/o Late Shri Prabhulal Singhania (Since Died) --- Applicant(s) versus ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.06.24 10:59:30 +0530 2 (MCC No. 731 of 2023) 1 - Girdhar S/o Late Mohanlal Aged About 57 Years R/o Village Parasbod, Police Station Saja, Tehsil Saja, District Bemetara (C.G.) 2 - Anandram S/o Late Mohanlal, Aged About 57 Years, R/o Village Parasbod, Police Station Saja, Tehsil Saja, District Bemetara (C.G.) Mohanlal S/o Ramlal (Since Dead) 3 - Pawan Patel S/o Sewaram Aged About 56 Years R/o Tendua Nawapara Tehsil Saja District Bemetara (C.G.) 4 - Nirmala D/o Sewaram Aged About 48 Years R/o Gayanagar Durg, Tehsil And District Durg (C.G.) Sewaram S/o Late Ghasiram (Since Died) 5 - Bimla Bai Wd/o Leelaram Aged About 58 Years R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.) 6 - Radheshyam Patel S/o Leelaram Aged About 50 Years W/o Sudama Lodhi, Age Not Know To Applicants, R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.) 7 - Mamta D/o Leelaram W/o Sudama Lodhi, Age Not Know To Applicants, R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.) Leelaram S/o Late Ghasiram (Since Died) Ghasiram S/o Late Jagtu Lodhi (Since Died) 8 - Sandeep Jain S/o Rawatmal Jain R/o Karagar (In Jail) Durg, District Durg (C.G.) Rewatmal Jain S/o Late Mangilal (Since Died) 9 - Pukhraj Jain S/o Late Mangilal Aged About 67 Years R/o Saja, Police Station Saja, District Bemetara (C.G.) 10 - Gangadas S/o Late Sanwaldas Aged About 53 Years R/o Village Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.) 11 - Fekani Bai Died Through Lrs (vide Hon’ble Court order dated 20.06.2025) 11(A) - Sukh Dev S/o Late Fekani Bai Aged About 45 Years R/o Jaggannath-pur Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.) 3 (MCC No. 731 of 2023) 11(B) - Sujaan Das S/o Late Fekani Bai Aged About 40 Years R/o Jaggannath-pur Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.) 12 - Khushi Bai D/o Late Sanwaldas Aged About 64 Years R/o Village Parasbod, Police Station Saja, Tehsil And District Durg (C.G.) 13 - Kewra D/o Late Sanwaldas Aged About 61 Years R/o Village Gadadih, Police Station Saja, Tehsil Saja, District Durg (C.G.) 14 – Bhuri D/o Late Sanwaldas (Died and Deleted vide Hon’ble Court order dated 20.06.2025) 15 - Kamla D/o Late Sanwaldas Aged About 55 Years R/o Village Karamtara, Tehsil Saja, District Bemetara (C.G.) Sanwaldas S/o Late Heeralal (Since Died) 16 - State Of Chhattisgarh Through Collector, Durg, District Durg (C.G.) --- Non-applicant(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------- For Applicants :- Mr. Kabeer Kalwani, Advocate on behalf of Mr. Anurag Singh, Advocate For Non-applicant-State :- Mr. Amit Buxy, Panel Lawyer For Non-applicant Nos.1,2,9,10,12, 13 & 15 :- Mr. Amit Kumar Sahu, Advocate ------------------------------------------------------------------------------- SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20.06.2025 1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration of Civil Revision No. 05/2020. 2. For the reasons stated in the application, the same is allowed and the delay of 47 days caused in filing the 4 (MCC No. 731 of 2023) instant MCC is hereby condoned. 3. Also heard on IA No.05, which is an application filed under Section 5 of the Limitation Act. 4. For the reasons stated in the application, the same is allowed. Delay in filing IA Nos.02, 03 & 04 is hereby condoned. 5. Heard on IA No.04, which is an application filed under Order 22 Rule 9 of the CPC. 6. For the reasons stated in the application, the same is allowed. Accordingly, abatement is hereby set aside. 7. Also heard on IA No.02, which is an application for deleting the name of non-applicant No.14 namely, Bhuri. 8. For the reasons stated in the application, the same is allowed. Let the name of non-applicant No.14 namely, Bhuri be deleted from the cause-title of this MCC during the course of the day. 9. Also heard on Heard on IA No.03, which is an application for substitution of legal heirs of the deceased non-applicant No.6. Learned counsel for the applicant submits that in I.A. No.3 it has been wrongly mentioned as “non-applicant No.6” whereas, it ought to have been “non-applicant No.11” and he may be permitted to correct the same. 5 (MCC No. 731 of 2023) 10. For the reasons stated in the application, the same is allowed and the correction sought is also permitted. Let the legal heirs of the deceased non-applicant No.11 be brought on record during the course of the day. 11. With the consent of the parties, heard finally. 12. This MCC has been filed seeking restoration of Civil Revision No.05/2020 which was dismissed for non- compliance of this Court’s peremptory order dated 25.08.2023. 13. For the reasons stated in the application, the same is allowed. Civil Revision No.05/2020 is restored to its original number for its hearing and disposal in accordance with law. 14. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!