1 2025:CGHC:21333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1175 of 2024 Smt. Shubhra Dutta W/o Rupak Dutta Aged About 45 Years Proprietor Mahamaya Electronics Dukan No. 192/2, Budhwari Bazar Bilaspur, Chhattisgarh, R/o Makan No. 2/19, Chandan Awas, Rajkishor Nagar, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant versus 1 - Moti Tahilyani (Died Through LRs) As Per Honble Court Order Dated 21-04-2025. 1.1 - Smt. Reena Tahilyani W/o Late Moti Tahilyani Aged About 60 Years 1.2 - Shri Hero Tahilyani S/o Late Moti Tahilayni Aged About 40 Years 1.3 - Shri Yogi Tahilyani S/o Late Moti Tahilyani Aged About 36 Years 1.4 - Ms. Pooja Tahilyani D/o Late Moti Tahilyani Aged About 32 Years All residents of D/10, C.B. Heights, Sarju Bagicha, Telipara Road, Bilaspur (Chhattisgarh)- 495001 ... Non-applicants For Applicant : Mr. HB Agrawal, Sr. Advocate with Mr. Faiz Kazi, Advocate. For Non-applicants : Mr. Sandeep Dubey, Advocate. 2 Hon’ble Smt. Justice Rajani Dubey, J Order on Board 08/05/2025 Heard on admission. 02. This MCC has been filed under Order 41 Rule 19 read with Section 151 of CPC for restoration of SA No.683/2015 which was dismissed for want of prosecution on 12.3.2024. 03. The MCC is admitted for hearing. 04. Learned counsel for the applicant submits that the appeal was listed for hearing on 12.3.2024, however, the arguing counsel met with an accident three days ago and due to hospitalization, he could not appear before the Court when it was taken up for hearing. The applicant was not aware of dismissal of the appeal for non-prosecution and when the non-applicants began pursuing execution proceedings, then only the applicant came to know about it. He submits that the applicant has a good prima facie case on merits and therefore, the present MCC may be allowed and the second appeal be restored to advance the cause of justice. 05. On the other hand, learned counsel appearing for the non- applicants vehemently opposed the above prayer. 06. Considering the facts and circumstances of the case, the 3 reasons assigned in the MCC which is duly supported by an affidavit of the applicant, the MCC is allowed and consequently, the second appeal i.e. SA No.683/2015 is restored to its original number subject to applicant depositing Rs.5,000/- with the High Court Legal Aid Committee and furnishing a receipt thereof. Sd/ (Rajani Dubey) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2025.05.08 16:22:01 +0530