1 2025:CGHC:59044-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1225 of 2025 Shiv Kumar Sahu S/o Late Shri Pahari Aged About 54 Years R/o Ashaband Birkona Police Station Koni, Tahsil, Civil And Revenue District- Bilaspur (C.G.) ... Applicant versus 1 - Smt. Siya Bai Sahu W/o Late Suresh Sahu Aged About 57 Years D/o Late Pahari. R/o Opposite Manohar Hoete Pacharighat Juna Bilaspur Police Station City Kotwali, Tahsil, Civil And Revenue District- Bilaspur Chhattisgarh. 2 - Ramavtar Agrawal Road Construction Pvt. Ltd. Link Road Bilaspur Through- Its Director Pawan Agrawal Aged 47 Years. S/o Satyapal Agrawal R/o Hansa Vihar Shrikant Verma Marg, Link Road Bilaspur, Police Station Civil Lines, Tahsil Civil And Revenue District- Bilaspur Chhattisgarh, 3 - State Of Chhattisgarh Through- District- Collector Bilaspur, Police Station - Civil Lines. Tahsil Civil And Revenue District- Bilaspur Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.12.06 11:45:44 +0530 2 For Applicant : Ms. Sharmila Singhai, Senior Advocate advocate alongwith Ms. Kanchan Kalwani, Advocate For Respondent No.1 : Mr. Arvind Shrivastava, Advocate For Respondent No.2 : Mr. Manoj Paranjpe, Senior Advocate alongwith Mr. Anshul Tiwari, Advocate For Respondent/ State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 05/12/2025 1. Heard. 2. The applicant (Shiv Kumar Sahu) preferred the instant MCC for restoration of the First Appeal No.106 of 2017 (Shiv Kumar Sahu v Smt. Siya Bai Sahu & Others). 3. By common order dated 16-9-2025, this Court decided two first appeals i.e. FA No.106 of 2017 and FA No.282 of 2017 (Ramavatar Agrawal v Smt. Siyabai Sahu & Others). FA No.282 of 2017 was disposed of observing that since the parties have amicably settled their dispute before the mediation center whereas in respect of FA No.106 of 2017 is concerned, Mr. Amit Kumar, Advocate appeared for the applicant herein and contended that since in respect of the suit land, the matter has been amicably settled, he may be permitted to withdraw the appeal. 4. By filing the present MCC, learned senior counsel would submit that FA No.106 of 2017 has wrongly been withdrawn on the basis of amicable settlement in FA No.282 of 2017 whereas in the said case mediation has been failed on 11/9/2025. Thus, FA No.106 of 3 2017 may be restored to its original number. 5. It is evident from the record that when the FA No.106 of 2017 was heard by this Court, Mr. Amit Kumar, Advocate, was representing the appellant. On his categorical submission that “in respect of the suit land bearing Khasra Nos. 1342/2, 1343/3, 1344, 265 and 157 total land 4.09 acre, the matter has already been amicably settled between the plaintiff and defendant No.2 and the mediation has also been settled on 10.09.2025, nothing remains in this appeal for adjudication and the appellant may be permitted to withdraw this appeal,” the appeal was dismissed as withdrawn. The present restoration application has been filed through a different counsel, seeking to restore the said matter, which is not permissible. 6. In view of the above, the instant MCC stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $. Bhilwar