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2026 DAILYLAW 18818 (CHH)

GHANSHYAM PRASAD v. AACHARYA MAHODAYA DWIVEDI

MCC/459/2026 · 2026-05-14

Shri Amitendra Kishore Prasad, Smt Rajani Dubey

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Judgment text

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1 2026:CGHC:23093-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 459 of 2026 1 - Ghanshyam Prasad S/o Late Shri Jhumuk Lal Dwivedi Aged About 82 Years R/o Bhilai, P.S. And Tahsil Baloda, District Janjgir-Champa (C.G.) (Since Dead) Through Lrs 1. (A) Uttam Kumar Dwivedi S/o Late Shri Jhumuk Lal Dwivedi Aged About 62 Years R/o Village Bhilai, (Baloda) District Janjgir-Champa (C.G.) 1. (B) Sanath Kumar Dwivedi S/o Late Shri Jhumuk Lal Dwivedi Aged About 60 Years R/o Q. No. C/10, Officer Colony, Rajnagar, Post Office Rajnagar, District Anuppur (M.P.) 1. (C) Akhilesh Kumar Dwivedi S/o Late Shri Jhumuk Lal Dwivedi Aged About 58 Years R/o Deepka, Korba (C.G.) ... Applicants versus 1 - Aacharya Mahodaya Dwivedi S/o Late Bharatlal Dwivedi Aged About 77 Years R/o Village, Bhilai, Presently R/o Savitri Vidyaniketan Through Dr. Sharma (Patanjali Store) Plant Road, Agarkhar, N.T.P.C. Korba, Tahsil- Korba, Distt. Korba (C.G.) 2 - State Of Chhattisgarh Through Collector, District Janjgir-Champa (C.G.) ... Respondents (Cause title taken from CIS System) For Applicant : Mr. Rohishek Verma, Advocate For State : Mr. Jitendra Shrivastava, GA Hon'ble Smt Justice Rajani Dubey J. & Hon’ble Shri Justice Amitendra Kishore Prasad, J. Order on Board Digitally signed by AMIT PATEL 2 Per, Rajani Dubey , Judge 15.05.2026 1. Heard on I.A. No. 01/2026, which is an application for condonation of delay barred by 52 days in filing the restoration application. 2. Upon due consideration and for the reasons assigned in I.A. No. 01/2026, the same is allowed. Delay of 52 days is hereby condoned. 3. Heard on I.A. No.02/2026, which is an application for withdrawal of Vakalatnama on behalf of the applicants. 4. Upon due consideration and for the reasons assigned in I.A. No. 02/2026, the same is allowed. 5. Present MCC has been filed seeking restoration of FA No. 71/2024 which was dismissed on 12.02.2026 on account of order being peremptory. 6. Considering the reasons assigned therein and submissions made by counsel for the appellant, present MCC which is duly supported by an affidavit of the applicant, deserves to be and is accordingly allowed and FA No. 71/2024 stands restored to its original number subject to payment of cost of Rs. 3,000/- before the Chhattisgarh High Court Bar Association Library Fund. 7. Accordingly, the instant MCC is disposed of. SD/- SD/- (Rajani Dubey) (Amitendra Kishore Prasad) JUDGE JUDGE AMIT PATEL