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2025 DAILYLAW 9342 (CHH)

TULSA BAI v. FIRAN (SINCE DECEASED) THROUGH LRS.

MCC/133/2021 · 2025-01-09

Shri Sanjay K Agrawal

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Judgment text

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1 (MCC No. 133 of 2021) 2025:CGHC:1515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 133 of 2021 1 - Tulsa Bai W/o Makhan Aged About 67 Years Agriculturist, R/o Village Karchuwa, Tahsil Bemetara, District Durg (Now Bemetara Chhattisgarh) --- Applicant(s) versus 1 – Firan S/o Aible aged about 57 years R/o Gangpur, Tahsil Bemetara, District Durg Chhattisgarh (Since Deceased) Through Lrs.:- 1.1 - (I) Mahasingh S/o Late Firan Aged About 50 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh., 1.2 - (Ii) Lachchan S/o Late Firan Aged About 48 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh., 1.3 - (Iii) Ashok S/o Late Firan Aged About 45 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh 1.4 - (Iv) Panchu S/o Late Firan Aged About 42 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh., 1.5 - (V) Dulari Bai Wd/o Late Taran Verma (S/o Firan) Aged About 55 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh 1.6 - (Vi) Anjor Singh S/o Late Taran Verma (S/o Late Firan) Aged About 30 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh 1.7 - (Vii) Parmeshwar S/o Late Taran Verma (S/o Late Firan) Aged About 26 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh 1.8 - (Viii) Ramesh S/o Late Taran Verma (S/o Late Firan) Aged About 24 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh 1.9 - (Ix) Faleshwari D/o Late Taran (D/o Firan) Aged About 16 Years Minor Through Natural Guardian Mother Chaiti Bai, R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh., 1.10 - (X) Chaitibai Wd/o Late Firan Verma Aged About 65 Years R/o Village Gangpur , Tahsil And District Bemetara Chhattisgarh ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART 2 (MCC No. 133 of 2021) 1.11 - (Xi) Yashoda Bai W/o Lal Singh (D/o Firan) Aged About 25 Years R/o Khurusbod , Tahsil Thankhamhariya, District Bemetara Chhattisgarh 2 - State Of M.P. (Now C.G.) Through The Collector, Durg Now Bemetara Chhattisgarh. 3 - Malti Bai W/o Kesar Verma Aged About 57 Years R/o Village Bera, Tahsil Bemetara, District Durg (Now Bemetara), Chhattisgarh Dead Through Lrs. 3.1 - (A) Bhagwat Aged About 36 Years Agriculturist , R/o Village Bera, Tahsil Bemetara , District Durg Now Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 3.2 - (B) Dani Aged About 34 Years R/o Village Bera, Tahsil Bemetara , District Durg Now Bemetara Chhattisgarh. 3.3 - (C) Takdir Aged About 28 Years R/o Village Bera, Tahsil Bemetara , District Durg Now Bemetara Chhattisgarh. 3.4 - (D) Rabhubir (Raghubeer) Aged About 24 Years R/o Village Bera, Tahsil Bemetara, District Durg Now Bemetara Chhattisgarh. 3.5 - (E) Smt. Bhagwantinbai W/o Gaukaran Kurmi Aged About 41 Years Agriculturist , R/o Village Bahera, New Village Ghivri, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh. 3.6 - (F) Smt. Tijiya Bai W/o Santram Verma Aged About 26 Years Agriculturist R/o Village Singhauri, Post And Tahsil Bemetara District Durg (Now Bemetara) Chhattisgarh. 4 - Santosh S/o Dukalhu Aged About 45 Years R/o Bemetara , District Durg, Now Bemetara Chhattisgarh Himself And Also As Legal Representative Of Dukalhu 5 - Bhukhan S/o Jirdhan Verma Aged About 70 Years R/o Village Gangpur , Tahsil Bemetara , District Durg (Now Bemetara) Chhattisgarh., District : Durg, Chhattisgarh --- Non-applicant(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------- For Applicant :- Mr. Dhirendra Prasad Mishra, Advocate For Non-applicant-State:- Dr. Surendra Kumar Dewangan, PL ------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09.01.2025 1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration 3 (MCC No. 133 of 2021) of Second Appeal No.360/2007. 2. After hearing learned counsel for the parties and going through the records, the delay of 388 days caused in filing the instant MCC is hereby condoned subject to payment of cost of Rs.2,500/- (Rs. Two Thousand Five Hundred Only) to the learned counsel for the non-applicants. 3. With the consent of the parties, heard finally. 4. This MCC has been filed seeking restoration of Second Appeal No.360/2007, which was dismissed for want of prosecution by order of this Court dated 02.01.2020. 5. For the reasons stated in the application, the same is allowed. Second Appeal No.360/2007 is restored to its original number for its hearing and disposal in accordance with law. If the aforementioned cost is not paid within 15 days’ from today, this order of restoration shall become inoperative. 6. Accordingly, this MCC is allowed. Sd/- (Sanjay K. Agrawal) Judge @d!t!