1 2025:CGHC:49269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 980 of 2025 1 - Janki Yadav D/o Mohanlal Yadav Aged About 38 Years (Relation Wrongly Mentioned As S/o In Annexure P/1) R/o Village Phuta Kharadand, P.S. Darima, District- Sarguja C.G. ... Applicant versus 1 - Roshni Bai W/o Late Master Singh Aged About 68 Years R/o Village- Mahuatikra, Tahsil- Ambikapur District- Sarguja C.G. 2 - Brijbahadur S/o Late Master Singh Aged About 35 Years R/o Village- Mahuatikra, Tahsil- Ambikapur District- Sarguja C.G. 3 - Pandit Manjhwar S/o Krihsna Manjhwar Aged About 30 Years R/o Village- Phuta, Kharadand Police Station Darima District- Surguja, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Praveen Soni, Advocate For Respondent(s) : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 25 /09/2025 1. Heard on I.A. No.01/2025 for condonation of delay in filing MCC. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.09.26 16:58:18 +0530 2 2. On due consideration and finding the reasons mentioned in the application to be satisfactory, I.A. No.01 is allowed and the delay of 77 days in filing MCC stands condoned. 3. The present MCC has been filed seeking for restoration of MAC No.26/2019 which was finally decided on merits by this Court on 23.04.2025. 4. MAC No.26/2019 was decided by a detailed order dated 23.04.2025 after discussing facts and evidence available on record as also the law laid down by the Hon’ble Supreme Court. While deciding the appeal, counsel for the appellants was present but counsel for respondent No.1 i.e. the present applicant was not present. 5. Now, learned counsel for applicant wants to restore the said MAC which was decided on merits in the absence of respondent No.1. But, no satisfactory reason has been stated for the absence of that date. 6. However, despite repeated queries, leaned counsel for the applicant could not explain under which law/rule, the position of the respondent No.1 in the said MAC can be restored in an appellate order decided in his/her absence. 7. Accordingly, present MCC is dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai