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2025 DAILYLAW 9812 (CHH)

PRADEEP JAIN v. M.D. TIWARI

MCC/229/2024 · 2025-01-10

Shri Radhakishan Agrawal, Shri Sanjay Agrawal

body2025

Judgment text

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1 2025:CGHC:1601-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 229 of 2024 Pradeep Jain, S/o Late Pancham Lal Jain, Aged About 64 Years, R/o EWS 14/12, Kosa Nagar, P. S. Supela, District Durg (C.G.) …. Applicant versus 1 - M.D. Tiwari, S/o Late Moti Lal Tiwari, Aged About 73 Years, Retire Public Officer R/o Plot No. 11, 12 Priya Darshini Nagar (Near Vyapar Vihar), Bilaspur, District Bilaspur, (C.G.). 2 - R.P. Sharma, S/o Late Bhagirathi Sharma, now Aged About 74 Years, Retired Public Officer, R/o Block No. 1 Street No. 12/A, Sector -09 Near B. S. P. School, P.S. Kotwali Sector-06, Bhilai Nagar, District Durg (C.G.). 3 - State Of Chhattisgarh, Through The Collector Durg: District Durg (C.G.). ... Non-applicants For Applicant : Mr. Uttam Pandey, Advocate For Non-applicants No. 1 & 2 : Mr. Parag Kotecha, Advocate appears along with Ms. Bhavika Kotecha, Advocate For State/Non-applicant No.3 Mr. Ratan Pusty, G.A. D.B. : Hon'ble Shri Justic e Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Order on Board 10.01.2025 1. Heard on I.A. No.01/2022, an application for condonation of delay of 24 days in filing of this petition. No reply has been filed with regard to the said application. 2 2. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, we are inclined to allow the same. 3. The application (I.A. No.01/2022) is allowed and delay in filing of this petition is, accordingly, condoned. 4. Also heard on IA. No.02/2024, an application seeking exemption from filing typed copy of Page No.12. 5. On due consideration, the application is allowed and counsel for the applicant is exempted from filing typed copy of Page No.12. 6. Also heard on admission. 7. This petition has been filed for restoration of First Appeal No.396/2018, which was dismissed in default vide order dated 02.01.2024. No reply has been filed with regard to the said petition. 8. For the reasons assigned in the application for restoration of the said appeal, which is duly supported by the affidavit, we are inclined to allow the same. 9. Accordingly, the instant petition is allowed and appeal being FA No.396/2018 is directed to be restored is its original number. No order as to costs. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Radhakishan Agrawal) Judge Arpan