1 2026:CGHC:23348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 490 of 2026 1 - Ramsai S/o Late Jawahar Aged About 76 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 2 - Ashok Nirnejak S/o Ramsai Aged About 63 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 3 - Dinesh Rajak S/o Ramsai Aged About 45 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 4 - Amar Nirnejak S/o Ramsai Aged About 42 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 5 - Smt. Pushpa Rajak D/o Ramsai Aged About 55 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 6 - Ku. Uma @ Usha Nirnejak D/o Ramsai Aged About 40 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 7 - Ku. Seeta Nirnejak D/o Ramsai Aged About 39 Years R/o Near Primary School Torwa, Tehsil And Distt. Bilaspur, (C.G.) 7722992298 Petitioner(s) versus Prakash Nirmalkar S/o Chaitram Nirmalkar Aged About 34 Years R/o Torwa Basti Bilaspur, Tahsil And District- Bilaspur (C.G.) Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Ratnesh Kumar Agrawal, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.05.15 18:20:48 +0530 2 Hon'ble Shri Justice Bibhu Datta Guru Order on Board 15/05/2026 1. This MCC has been filed for restoration of First Appeal No. 8/2021, which was dismissed on 15/04/2026 for want of prosecution due to non- appearance of counsel for the appellant. 2. Learned counsel for the applicant submits that the absence on the date fixed was neither deliberate nor intentional and occurred due to bona fide reasons. It is further submitted that if the appeal is not restored, the applicant shall suffer irreparable loss and injury, whereas no prejudice would be caused to the respondents if the matter is restored to its original number. 3. Considering the submissions made by learned counsel for the applicant and upon perusal of the record, this Court finds that sufficient cause has been shown for non-appearance on the date fixed. 4. Accordingly, the MCC is allowed. The order dated 15/04/2026 dismissing First Appeal No. 8/2021 for want of prosecution is hereby recalled and the said appeal is restored to its original number. Sd/- (Bibhu Datta Guru) Judge Rahul