1 2025:CGHC:20587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 447 of 2025 1. Lakshmi Bai (Dead And Deleted ) Through Lrs Nil. 1A. Khemchand Jain, S/o Late Surajmal Jain, Aged About 83 Years (Presently Aged About 85 Years), R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. 1B. Smt. Sandhya Jain, D/o Khemchand Jain, W/o Premchand Jain, Aged About 56 Years, R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. 1C. Smt. Ritu Jain, D/o Khemchand Jain, W/o Kailashchand Jain, Aged About 50 Years, R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. 1D. Smt. Meena Jain, D/o Khemchand Jain, W/o Late Goutamchand Jain, Aged About 47 Years, R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. 1E. Smt. Lata Jain, D/o Khemchand Jain, W/o Kantilal Jain, Aged About 45 Years, R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. 1F. Surendra Jain, S/o Khemchand Jain, Aged About 53 Years, R/o Banya Para, Main Road, Dhamtari, Tehsil & District Dhamtari, Chhattisgarh. ... Applicants/Appellants versus 1. Ishwarchand Dewangan, S/o Manguram Dewangan, Aged About 55 Years, R/o Village Achhota, Tahsil Dhamtari, District Dhamtari (C.G.). 2. State Of Chhattisgarh, Through The Collector, Dhamtari, District Dhamtari, Chhattisgarh. 3. Gayachand, S/o Jhumarlal Jain (Sancheti), Aged About 50 Years, R/o Narharpur, Tahsil Narharpur, District Kanker, Chhattisgarh. 4. Rameshwar Prasad Sahu, S/o Gopal Prasad Sahu, Aged About 39 Years, R/o Ward Danitola, Tahsil Dhamtari, District Dhamtari, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 For Applicants/Appellants : Mr. Nitesh Jain, Advocate. For State/Respondent No.2 : Ms. Mandavi Bhardwaj, P.L. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 06/05/2025 1. Heard on I.A. No.1/2025, application for condonation of delay in filing the M.C.C. 2. On due consideration and for the reasons mentioned in the application, which is well supported by an affidavit, I.A. No.1/2025 is allowed and the delay of 171 days in filing the M.C.C. is hereby condoned. 3. Also heard on M.C.C., application for restoration of FA No.09/2007, which was dismissed for want of prosecution vide order dated 20.09.2024. 4. Learned counsel for the applicants would submit that earlier counsel of applicants/appellants did not inform them about the dismissal of their appeal, thus, delay of 171 days occurred in filing the instant appeal. Hence, the delay is bonafide and applicants want to contest their case on merit, therefore, it is prayed that instant M.C.C. may be allowed and FA No.09/2007 may be restored to its original number. 5. On due consideration and for the reasons mentioned in the application, instant M.C.C. is allowed. 6. Registry is directed to restore FA No.09/2007 {Lakshmi Bai (Died) Through Lrs’ Versus Ishwarchand Dewangan & Others} to its original number. Sd/- (Naresh Kumar Chandravanshi) Judge