1 2026:CGHC:2714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1219 of 2025 1 - Gurubachan Lal Sawanni S/o Indrasen Aged About 70 Years R/o Village Bilha, Dist. Bilaspur C.G. 2 - Mahendra Singh Sawanni Aged About 63 Years R/o Village Bilha, Dist. Bilaspur C.G. ... Applicants versus 1 - Govind Lal Bagga Died Through Lrs Shanti Rani Bagga S/o Nandlal Bagga Aged About 50 Years (Died Through Lrs) 1.1 - A. Shantirani Bagga Wd/o Late Govind Lal Bagga Aged About 65 Years R/o Village Bilha, Dist. Bilaspur C.G. 1.2 - B. Sunita @ Neelam D/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. 1.3 - C. Ashok Bagga S/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. 1.4 - D. Jagdish Bagga S/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. 1.5 - E. Pradeep Bagga S/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. 1.6 - F. Rajeev Bagga S/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. 1.7 - G. Babita Bagga D/o Late Govind Lal Bagga R/o Village Bilha, Dist. Bilaspur C.G. ... Respondents For Applicants : Mr. Ashish Shrivastava, Senior Advocate with Mr. Rohishek Verma, Advocate For Respondents : Mr. H.S. Ahluwalia, Advocate. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.01.19 10:42:21 +0530 2 Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 16.01.2026 1. The present MCC was filed for extension of time to comply with the order dated 09/01/2017 passed in MCC No.166/2016. 2. Initially, the appellants/defendants have preferred a second appeal bearing SA No.1012/1999 questioning the judgment and decree dated 28/07/1999 passed by the 2nd Additional Judge to the Court of District Judge Bilaspur in Civil Appeal No.12-A/97 arising out of Civil Suit No.47-A/92 pending before the 3rd Civil Judge, Bilaspur. 3. The said Second Appeal was dismissed for want of prosecution on 21/04/2017. For restoration of the said second appeal, an MCC No.166/2016 was filed and the same was allowed on 09/01/2017 with a condition that the SA No.1012/1999 will be restored subject to payment of cost of Rs.2500/- to the High Court Legal Services Authority. 4. The present MCC has been filed by seeking a prayer of extension of time to deposit the amount which was directed to be paid in the year 2017 in MCC No.166/2016. During pendency of the present MCC, learned counsel for the parties jointly submit that the issue involved in the present MCC and in the SA No.1012/1999 has been settled between the parties and placed a settlement deed by covering memo dated 16/01/2026. 5. For ready reference, the contents of the settlement deed 3 executed between the parties is reproduced here:- “A) That the common passage situated on khasra No- 179/1, 179/19 & 179/23 will done concrete flooring and all expenses will be bear by both the parties. B) That the party No-1 & 2 will not interfere or obstruct towards any minor construction (Jhaja, window, door and nali) carried on in future by the party No-03 to 10 to the direction of common passage situated on khasra No-179/1, 179/19 & 179/23. C) That all parties will keep & maintain cleanliness of the common passage situated on khasra 179/1, 179/19 & 179/23 as described above in proper manner so that same can be used as common passage by the parties. D) That the Party No- 1 & 2 will withdraw the MCC petition No- 1219/2025 pending before hon'ble High Court after execution of instant settlement deed.” 6. In the settlement deed, one of the condition is that the party No.1 and 2 will withdraw the MCC No.1219/2025 and for which, learned counsel for the applicants seek permission of this Court to withdraw this MCC. 7. In view of above, the present MCC is dismissed as withdrawn. SD/- (Bibhu Datta Guru) Judge Amardeep