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2026 DAILYLAW 12992 (CHH)

SMT. FULKUNWAR (SINCE DEAD) THROUGH LRS v. SONRAJ (SINCE DEAD) THROUGH LRS

MCC/438/2026 · 2026-05-04

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:20889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 438 of 2026 1 - Smt. Fulkunwar (Since Dead) Through Lrs Nil 1.1 - Anandram S/o Puran Lodhi Aged About 50 Years R/o Village Bharda, Tahsil Chuikhandan District- Khairagarh- Chuikhadan - Gandai (C.G.) 2 - Smt. Sundarin Bai W/o Meghnath Aged About 41 Years R/o Village Peti, Tahsil Khairagarh, District- Rajnandgaon (C.G.) 3 - Tijan Bai (Since Dead ) Through Lrs Nil 3.1 - Krishna Verma S/o Jagatram Aged About 45 Years Tahsil Chuikhadan District- Khairagarh- Chuikhadan - Gandai (C.G.) 3.2 - Rukhmani W/o Chain Singh Aged About 44 Years R/o Supela Bhilai District- Durg (C.G.) 3.3 - Bunty W/o Vishnu Aged About 40 Years R/o Gadadih Tahsil Khairagarh , District- Khairagarh- Chuikhadan - Gandai (C.G.) 3.4 - Reena W/o Gautam Aged About 38 Years R/o Chaarbhta, Tahsil Chuikhadan District- Khairagarh- Chuikhadan - Gandai (C.G.) 4 - Mogra Bai W/o Jasdeo Aged About 34 Years R/o Village Jangalpur, Tahsil Chhuikhadan District- Rajnandgaon (C.G.) ... Petitioners versus 1 - Sonraj (Since Dead) Through Lrs Nil 1.1 - Chukibai Wd/o Sonraj Aged Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) 1.2 - Lila Bai D/o Sonraj Aged About Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.05.06 16:23:16 +0530 2 1.3 - Tara Bai D/o Sonraj Aged About Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) 1.4 - Shanti Bai D/o Sonraj Aged About Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) 1.5 - Jamuna Bai D/o Sonraj Aged About Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) 1.6 - Gulabo D/o Sonraj Aged About Not Known R/o Village Atariya Tahsil Khairagarh District- Rajnandgaon (C.G.) 2 - Gautam Chand S/o Ghebanchand Aged About 53 Years R/o Village Pandariya, Tahsil Chhuikhdan District- Rajnandgaon (C.G.) 3 - Sumermal S/o Ghebanchan Aged About 51 Years R/o Village Pandariya, Tahsil Chhuikhdan District- Rajnandgaon (C.G.) 4 - Heera Lal S/o Ghebanchand Aged About 46 Years R/o Village Pandariya, Tahsil Chhuikhdan District- Rajnandgaon (C.G.) 5 - Ghengha Bai W/o Ghebarchand Aged About 83 Years R/o Village Pandariya, Tahsil Chhuikhdan District- Rajnandgaon (C.G.) 6 - Kanchan Bai D/o Ghebarchand Jain Aged About 36 Years R/o Village Semra Tahsil And District- Dhamtari (C.G.) 7 - Rukmani Bai D/o Ghebarchand Jain Aged About 36 Years R/o Village Semra Tahsil And District- Dhamtari (C.G.) 8 - Navin Kumar S/o Kacharulal Aged About 30 Years R/o Village Somani District- Rajnandgaon (C.G.) 9 - Pravin Kumar S/o Kacharulal Aged About 20 Years R/o Village Somani District- Rajnandgaon (C.G.) 10 - Vipin Kumar S/o Kacharulal Aged About 25 Years R/o Village Somani District- Rajnandgaon (C.G.) 11 - Bharti Bai D/o Kacharulal Aged About 23 Years R/o Village Somani District- Rajnandgaon (C.G.) 12 - Arti Bai D/o Kacharulal Aged About 21 Years R/o Village Somani District- Rajnandgaon (C.G.) 13 - Mujnoo S/o Manrakhan Aged About 33 Years R/o Village Somani District- Rajnandgaon (C.G.) 14 - Bahadur S/o Manrakhan Lodhi Aged About 31 Years Occupation Cultivation R/o Village Bhardagond Tahsil Khairagarh District- Rajnandgaon (C.G.) 15 - Tijau Ram S/o Manrakhan Lodhi Aged About 45 Years Occupation Cultivation R/o Village Bhardagond Tahsil Khairagarh District- Rajnandgaon (C.G.) 16 - Raghu S/o Manrakhan Lodhi Aged About 42 Years Occupation Cultivation R/o Village Bhardagond Tahsil Khairagarh District- Rajnandgaon (C.G.) 3 17 - Pantu S/o Manrakhan Lodhi Aged About 40 Years Occupation Cultivation R/o Village Bhardagond Tahsil Khairagarh District- Rajnandgaon (C.G.) 18 - Jorawarmal S/o Hajarimal Occupation Cultivation R/o Village Chamba, Tahsil Shergarh, District- Jodhpur (Rajasthan) 19 - Champalal S/o Hajarimal Occupation Cultivation R/o Village Chamba, Tahsil Shergarh, District- Jodhpur (Rajasthan) 20 - State Of Chhattisgarh Through Collector Rajnandgaon (C.G.) ... Respondents (Cause title, as taken from CIS) For Applicants : Mr. Rohan Patnaik, Advocate For State/ Respondent No.20 : Mr. Arpit Agrawal, Panel Lawyer. (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 05/05/2026 1. Heard on I.A. No.01/2026, an application under Section 5 of the Limitation Act for condonation of delay. 2. Learned counsel for the applicants submits that Second Appeal No.475/2003 was dismissed on 25.07.2024 in compliance of the peremptory order dated 11.07.2024 passed by this Court, as the applicants/appellants could not remove the default within the stipulated period due to their inability to collect details of the legal heirs of some deceased respondents. He further submits that, subsequently, the applicants/appellants could not contact their counsel, therefore, delay occurred in filing instant petition. He further submits that the delay is bona fide and not mala fide; hence, the delay in filing instant MCC may be condoned and the MCC be allowed. 3. Learned State counsel has no objection to the prayer made by learned counsel for the applicants/appellants. 4 4. Having considered the reasons mentioned in the application filed under Section 5 of the Limitation Act, as well as the MCC, the delay of 607 days in filing MCC is hereby condoned. Consequently, the MCC is allowed. 5. The Registry is directed to restore SA No.475/2003 (Smt. Ful Kunwar and Ors. Vs. Sonraj and Ors.) in its original number. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar