1 2025:CGHC:3183-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 4 of 2025 Raja Singh S/o Late Shri Ram Singh Thakur Aged About 63 Years C/o Hemu Kirana Store, Pipal Chowk, Talapara, P.S.- Civil Line Bilaspur, District Bilaspur Chhattisgarh. ... Applicant versus 1 - Aditya Kumar S/o Late Shri Laxman Singh Aged About 34 Years 2 - Yogendra Kumar S/o Late Shri Laxman Singh Aged About 31 Years 3 - Ku. Sakshi D/o Late Shri Laxman Singh Aged About 28 Years 4 - Smt. Geeta Bai W/o Late Shri Laxman Singh Aged About 54 Years All R/o Village Deo Baloda, Sagarpara, Charoda, P.S. Bhilai 3, Post Office Deo Baloda, Tahsil Patan, District Durg Chhattisgarh. 5 - Smt. Seeta Bai Wd/o Ram Singh Aged About 65 Years R/o Bajrang Chowk Talapara, District Bilaspur, Chhattisgarh. ... Respondents For Applicant : Mr. Ajay Kumar Mishra, Advocate. For Respondent : Not noticed. 2 Hon'ble Smt. Justice Rajani Dubey, J Hon'ble Shri Justice Sanjay Kumar Jaiswal, J Order on Board Per Rajani Dubey, J 17/01/2025 Heard on default pointed out by the Registry. 02. As per office note, the present petition is not maintainable because this restoration application has been filed by respondent No.5 and not by the appellant in FA No.132/2021. 03. Learned counsel for the applicant submits that appellant in FA No.132/2021 namely Ram Singh is father of the applicant Raja Singh and after his death, the applicant is his legal heir. However, Smt. Seeta Bai, claiming herself to be legal heir of deceased appellant Ram Singh, withdrew the said appeal without consent of the applicant whereas she is not the legal heir of the deceased appellant. The applicant herein is the real son of the deceased appellant Ram Singh and hence a Class-I legal heir as per Hindu law. He submits that if the impugned order dated 15.10.2024 passed in FA No.132/2021 is not recalled and the appeal is not restored, the applicant shall suffer irreparable loss. He would next submit that the suit land is the residence of the applicant, so restoration of the said appeal is the only way to get justice. He submits that the applicant being the sole legal heir of the deceased appellant, the present restoration application is maintainable and deserves to be allowed. 3 Reliance is placed on the judgment dated 12.12.2024 of the Hon'ble Apex Court in Civil Appeal No.14328/2024 in the matter of Navratan Lal Sharma Vs. Radha Mohan Sharma and others. 04. Heard learned counsel for the applicant and perused the record of FA No.132/2021. 05. It is clear from the record of FA No.132/2021 that this appeal is filed by Ram Singh, father of the applicant, arraying the applicant herein as respondent No.5. On 17.3.2024 an application under Order 22 Rule 3 of CPC was filed by Smt. Seeta Bai as a legal heir of deceased appellant Ram Singh which was allowed on 3.7.2024 and consequently, she was brought on record as legal heir of the deceased appellant to prosecute this appeal. 06. Records of the first appeal shows that applications under Order 22 Rule 3 and Order 22 Rule 9 of CPC were filed on 17.3.2024 as IAs No.3/24 and 4/24 respectively whereas Vakalatnama on behalf of respondent No.5 was filed way back on 10.6.2022 and as such, at that point of time, respondent No.5 was duly represented by his counsel. Both these applications were allowed on 3.7.2024. Thus, it is clear that respondent No.5 was well aware of filing of these applications and he was duly represented by his counsel, but despite that no objection was raised by him to the said applications. Accordingly, the said applications were allowed and Smt. Seeta Bai was directed to be substituted as legal heir of the deceased appellant in the cause title of 4 the appeal. Though on 15.10.2024 when the appeal was dismissed as withdrawn by counsel for the appellant Smt. Seeta Bai, respondent No.5 was not present, but that cannot be ground to seek restoration of this appeal. The judgment relied upon by learned counsel for the applicant being distinguishable on facts is of no help to him. Accordingly, the instant MCC being not maintainable is hereby dismissed. Sd/ Sd/ (Rajani Dubey) (Sanjay Kumar Jaiswal) Judge Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN