1 2025:CGHC:7818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 134 of 2025 1 - Smt. Madhuri D/o Ramdayal Patel Aged About 38 Years R/o Village Bhaluutaar, Post Ruchida, Tehsil Ambhabhona District Bargarh, Odisha. 2 - Kishor S/o Ramdayal Patel Aged About 35 Years R/o Village Faraswani, Police Station And Teshsil Sarangarh, District Raigarh (Now District Sarangarh-Bilaigarh) Chhattisgarh. 3 - Ajad Singh S/o Ramdayal Patel Aged About 32 Years R/o Village Faraswani, Police Station And Tehsil - Saranggarh, District Raigarh (Now District Sarangarh- Bilaigarh) Chhattisgarh. --- Petitioners Through Power Of Attorney - Ramdayal Patel, S/o Late Shri Pudamalal Patel, Aged About 78 Years, Caste Aghariya, R/o Village Pharswani, Tahsil Sarangarh, District Raigarh (Now District Sarangarh-Bilaigarh) Chhattisgarh. ... Applicants versus 1 - Shobha Ram (Dead) Through Legal Heirs Nil 1.1 - 1(A) Jemawati Patel Wd/o Late Shobha Ram Aged About 63 Years R/o Village Pharswani, Tahsil Sarangarh, District Raigarh (Now District Sarangarh-Bilaigarh), Chhattisgarh. 1.2 - 1(B) Chandrashekhar Patel S/o Late Shri Shobha Ram Aged About 35 Years R/o Village Pharswani, Tahsil Sarangarh, District Raigarh (Now District Sarangarh-Bilaigarh), Chhattisgarh. 1.3 - 1(C) Dipika Patel D/o Late Shri Shobha Ram Aged About 33 Years W/o Shri Ajay Patel, R/o Village Sarvani, P.O. Navrangpur, Tahsil And District Raigarh Chhattisgarh. 2 - Smt. Satrupa @ Nanhu D/o Goverdhan Aged About 44 Years R/o Village Chhuhipali, Taluuka - Baramkela, District Raigarh (Now District Sarangarh- Bilaigarh) Chhattisgarh. 3 - Smt. Urmila W/o Late Umesh Aged About 50 Years R/o Village Chandibhuna, Taluka - Saripali District - Mahasamund, Chhattisgarh. 4 - Vishvanath S/o Late Umesh Aged About 25 Years R/o Village Chandibhauna, Taluka - Saraipali District - Mahasamund, Chhattisgarh. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.02.17 10:43:36 +0530 2 5 - Neelima D/o Late Umesh Aged About 48 Years R/o Village Chandibhauna, Taluka - Saraipali District - Mahasamund, Chhattisgarh. 6 - Basant S/o Arkhit Aged About 46 Years R/o Village Chandibhauna, Taluka - Saraipali District - Mahasamund, Chhattisgarh. 7 - Smt. Ful Bai W/o Late Mahendra Aged About 40 Years R/o Village Baigindih Taluka - Sarangarh, Dsitrict Raigarh, (Now District Sarangarh- Bilaigarh) Chhattisgarh. 8 - Sushma D/o Lt. Mahendra, Aged About 20 Years R/o Village Baigindih, Taluka Sarangarh, District Raigarh, (Now District Sarangarh-Bilaigarh) Chhattisgarh. 9 - Jaya D/o Lt. Mahendra Aged About 20 Years R/o Village Baigindih, Taluka Sarangarh, District Raigarh (Now District Sarangarh-Bilaigarh), Chhattisgarh. 10 - Smt. Seeta Bai D/o Arkhit Aged About 42 Years R/o Village Bichhiya, Taluka- Saraipali, District Mahasamund, Chhattisgarh. 11 - Smt. Hemkunwar D/o Goverdhan Aged About 64 Years R/o Village Sirpur, Taluka Saraipali, District Mahasamund, Chhattisgarh. 12 - State Of Chhattisgarh, Through The Collector Raigarh (Now District Sarangarh-Bilaigarh), Chhattisgarh. 13 - Smt. Padma D/o Lt. Goverdhan Aged About 52 Years W/o Ghurau, Occupation - Agriculture, R/o Village Gopalpur, Tahsil Baramkela, District Raigarh (Now District Sarangarh-Bilaigarh), Chhattisgarh. ... Respondents For applicants : Mr. Ram Kumar Tiwari, Adv. For Respondent No. 12/State : Ms. Mandavi Bharadwaj, PL For respondent No. 1b : Mr. Roop Naik, Adv. and Ms. Sangeeta Kaushik, Adv. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 13/02/2025 1. This MCC has been preferred by the applicants/plaintiffs for extension of time for adducing plaintiff’s evidence, which was granted by this Court as a last opportunity vide order (Annexure P-1) dated 23-10-2024 3 passed in WP227 No. 183/2022. 2. Learned counsel for the applicants/plaintiffs would submit that, though last opportunity was granted by this Court vide order (Annexure P-1) dated 23-10-2024, but Ramdayal Patel, Power of Attorney holder of the applicants/plaintiffs fell ill, therefore, he could not attend hearing before the trial Court on 23-11-2024, as such, he also could not deposit cost of Rs. 5,000/-, imposed on them, before the trial Court, and could not produce their witnesses. He prayed, that at least one more opportunity be provided to the applicants/plaintiffs to produce applicants/plaintiffs evidence. 3. Learned counsel for the respondent No. 1b would submit that by imposing heavy cost, time may be granted to the applicant. He further prays that the trial Court may be directed to decide the suit within a specified period. 4. I have heard learned counsel for the parties and perused the material available on record. 5. When specific question was posed to the learned counsel for both the parties that, plaintiffs have filed affidavit statement of how many witnesses, they could not apprise the Court in this regard. On being asked, learned counsel for applicants/plaintiffs would submit that, they have examined one witness and also want to examine two more witnesses. 6. Having considered aforesaid facts and circumstances of the case, one more time is granted to the applicants/plaintiffs to produce their witnesses subject to deposit cost of Rs. 5,000/-, which was earlier imposed, 4 as pre-condition. Thereafter, applicants/plaintiffs are permitted to produce their witnesses for their examination/cross-examination, within 30 days from the next date of hearing, which is said to be 14-2-2025. As such, the trial Court is directed to provide one opportunity to the applicants/plaintiffs to examine their witnesses. It is further observed that, if on the next date fixed for examination of plaintiffs’ witnesses, it is not concluded, then the case be taken up for remaining examination on next working day and thereafter no further date be given for examination of plaintiffs’ witnesses. 7. The trial Court is directed to dispose of the case, within a period of 3 months from the date of receipt/submission of copy of this order. Parties are also directed to cooperate with the trial Court for expeditious disposal of the case. 8. MCC is accordingly disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-