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2026 DAILYLAW 1578 (CHH)

RAMDHARI (NOW DEAD) THROUGH LRs v. DAYAVATI DEVI (NOW DEAD) THROUGH LRS

MCC/376/2025 · 2026-02-03

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:6243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 376 of 2025 (Arising out of SA No. 47/2013) 1 - Ramdhari (Now Dead) Through Lrs Nil 1.1 – (a) Mankunwar Wd/o Late Ramdhari Aged About 70 Years Occupation- Housewife, Caste- Gond (Tribe), R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.) 1.2 – (b) Sapuran S/o Late Ramdhari Aged About 56 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village- Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.) 2 - Sandhari S/o Late Jaimangal Aged About 68 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.) 3 - Ramcharan S/o Late Ramdhari Aged About 53 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.) 4 - Sobran S/o Late Ramdhari Aged About 55 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.) ... Applicants Versus 1 - Dayavati Devi (Now Dead) Through Lrs Nil 1.1 – (a) Krishna Kumar Dubey S/o Late Diwakarnath Dubey Aged About 65 Years R/o. Village And Post- Salka, P.S. And Tahsil- Bhaiyathan, Distt. - Surajpur (C.G.) 1.2 – (b) Anand Dubey S/o Late Diwakarnath Dubey Aged About 63 Years R/o. Village- Khorma, Post And P.S. - Pratappur, Distt.- Surajpur (C.G.) 1.3 – (c) Preeti Dubey Wd/o Late Chandramohan Dubey Aged About 35 Years R/o Village- Hariharpur, P.S. Chandora, Post Kewra, Tahsil Pratappur, Distt.- Surajpur (C.G.) 2 - State Of Chhattisgarh Through The Collector, Surguja, District- Surguja (C.G.), Now District- Surajpur (C.G.) ... Non-Applicants For Applicants : Mr. Ravi Singh, Advocate holding the brief of Mr. Ashok Kumar Shukla, Advocate Digitally signed by RAMESH KUMAR VATTI Date: 2026.02.05 11:41:02 +0530 2 For Non-Applicants No. 1, 3 & 4 For Non-Applicant No. 2 : : Mr. Navneet Yadav, Advocate Ms. Anuradha Jain, Dy.Govt. Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 04/02/2026 1. This is an application for restoration of SA No. 47/2013 which was dismissed on account of peremptory order passed by this Court dated 22.10.2024. 2. Learned counsel for the applicants would submit that due to inadvertence, the applicant could not move appropriate application for substitution of legal representatives of applicant No. 1- Ramdhari & non-applicant No.1- Dayavati Devi. He would submit that on account of peremptory order dated 22.10.2024, SA No. 47/2013 was dismissed. He would pray to restore SA No. 47/2013. 3. On the other hand, learned counsel appearing for the respective non- applicants would oppose. 4. Heard learned counsel for the parties. 5. Taking into consideration the submission advanced by learned counsel for the applicants and reasons assigned in the application, SA No. 47/2013 is restored to its original number subject to payment of cost of Rs.5,000/- payable to defendants No. 1(a) to 1(c). Sd/- (Rakesh Mohan Pandey) Judge vatti