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2025 DAILYLAW 50388 (CHH)

SMT. SHARAN KAUR CHHABRA v. RITA VISHWAS

MCC/12/2022 · 2025-02-27

Shri Sachin Singh Rajput, Smt Rajani Dubey

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:10076-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 12 of 2022 1 - Smt. Sharan Kaur Chhabra W/o Late Shri Paramjeet Singh, aged about 44 years, R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil and District- Dhamtari, (C.G.) 2 - Vinay Chhabra S/o Late Shri Paramjeet Singh, aged about 23 years R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil and District- Dhamtari, Chhattisgarh, District : Dhamtari, (C.G.). 3 - Aman Chhabra S/o Late Shri Paramjeet Singh, aged about 19 years, R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil and District- Dhamtari, Chhattisgarh, District : Dhamtari, (C.G). 4 - Naman Chhabra S/o Late Shri Paramjeet Singh aged about 12 years, Minor Through The Mother Natural Guardian Smt. Sharan Kaur Chhabra W/o Late Shri Paramjeet Singh, R/o Sunderganj Ward, Behind Moti Bhavan, Dhamtari, Tahsil and District- Dhamtari, (C.G.) ... Applicants Versus 1 - Rita Vishwas D/o Late Dr. Vishwas aged about 40 years, R/o Baniyapara Ward, Dhamtari, Tahsil and District- Dhamtari, (C.G.). 2 - Shreyank aged about 17 years Through Mother Natural Guardian Rita Vishwas, R/o Baniyapara Ward. Dhamtari, Tahsil & District- Dhamtari (C.G). 3 - G. Suresh Pille S/o N.G.K. Pille, aged about 47 years, R/o Q.No. 7 F, Cross Street 1, Sector-1, Bhilai, District- Durg, (C.G.). Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2025.03.03 14:47:36 +0530 2 4 - Mohanlal Soni S/o Late Tejram Soni, aged about 52 years, R/o 101, Hanuman Nagar, Kalibadi, Raipur, Tahsil & District- Raipur, (C.G.). 5 - Narayan Das Sitani S/o Manchomal Sitani. aged about 51 years, R/o Awanti Garden, Daldal, Sivni, Mowa, Tahsil & District- Raipur, (C.G.). 6 - State of Chhattisgarh, Through the District Collector, Dhamtari, District- Dhamtari (C.G.). ... Respondents For Applicants : Mr. Shubham Dewangan, on behalf of Mr. Ajay Kumar Dwivedi, Advocate. For Respondents No. 1 & 2 : Mr. R. S. Patel, Advocate. For Respondent No. 3 : Mr. Abhijeet Mishra, on behalf of Mr. A. K. Samantray, Advocate. For State : Mr. D.G. Kela, P.L. Hon'ble Smt. Justice Rajani Dubey, J. Hon’ble Shri Justice Sachin Singh Rajput, J. Order on Board Per , Rajani Dubey, J. 28.02.2025 1. Present MCC has been filed seeking restoration of FA No. 05 of 2016 which got dismissed in default by this Court’s order dated 17.12.2019. 2. Heard on I.A. No. 01/2022, which is an application for condonation of delay in filing MCC barred by 58 days. 3. Upon due consideration, the application (I.A. No. 01/2022) which is supported by the affidavit of the applicants is allowed and the delay is condoned. 4. Considering the reasons assigned therein and submissions made 3 by counsel for the applicants, present MCC which is duly supported by affidavit of the applicants, deserves to be and is accordingly allowed and FA No. 05 of 2016 stands restored to its original number subject to payment of cost of Rs. 5,000/- before the High Court Legal Aid Services Committee. Sd/- Sd/- (Rajani Dubey) (Sachin Singh Rajput) Judge Judge Uttej