1 2026:CGHC:25930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 422 of 2026 Smt Nusrat Jareen D/o Shahzada Hussain Aged About 52 Years R/o Near Meman Jamaat Khan, Purani Basti Korba Office Tehsil And District Korba (C.G.) ... Petitioner versus 1 - Anup Lal Pandit S/o Bhagwat Pandit Aged About 56 Years Occupation Service R/o B, 1/64, Urja Nagar Gevra, Tehsil- Katghora And District Korba (C.G.) 2 - Mohd. Kasim @ Babla S/o Munna Khan Aged About 47 Years R/o Kunwabhattha Recardo Road Korba Tehsil And District Korba (C.G.) 3 - Rakesh Vishwakarma S/o Ramnath Vishwakarma Aged About 47 Years R/o Infront Of Saint Vincent Palloti School Mig Pandit Ravi Shanker Shukla Nagar Korba Tehsil And District Korba (C.G.) 4 - State Of Chhattisgarh Through Collector Korba Tehsil And District Korba (C.G.) 5 - Smt. Parwati Ben W/o Amrit Bhai Patel Aged About 47 Years Caste Patel Gujrati R/o T.P Nagar Korba Tehsil And District Korba (C.G.) 6 - Smt. Puja Ben W/o Niraj Bhai Patel Aged About 44 Years Caste Patel Gujrati R/o T.P Nagar Korba Tehsil And District Korba (C.G.) ... Respondents (Cause title, as taken from CIS} For Petitioner : Mr. Ashutosh Shukla, Advocate. For Respondent No. 1 For Respondent No. 4 : : Mr. Anshit Singh Hora, Advocate. Mr. Siddharth Sharma, Panel Lawyer 2 {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 24/06/2026 1. Heard on I.A. No. 1 /2026, which is an application for condonation of delay in filing MCC as well as on restoration application of Second Appeal No. 571 of 2022, which was dismissed vide Office Note dated 03.02.2026 in compliance of this Court’s order dated 03.09.2025. 2. Learned counsel for the petitioner submits that when Second Appeal No. 571 of 2022 {Smt. Nusrat Jareen vs. Anup Lal Pandit} was called out for hearing on 03.09.2025 and peremptory order was passed, at that time, counsel for the petitioner was not present, therefore, he was not aware about passing of the peremptory order, hence, he could not pay for process fee right in time, therefore, the second appeal was dismissed vide Office Note dated 03.02.2026 in compliance of the peremptory order passed by this Court on 03.09.2025. He further stated that the petitioner had expected the matter to be listed subsequently; however, as it was not listed, he inquired about its status, then only he came to know about the fact that aforesaid second appeal had been dismissed vide office note dated 03.02.2026 in non-compliance of the peremptory order dated 03.09.2025. As such, the delay of 157 days has occurred in filing the appeal, which is bonadfide. Therefore, he prays that delay of 157 days in filing the appeal may be condoned, MCC may be allowed and Second appeal No. 571 of 2022 (Smt. Nusrat Jareen vs. Anup Lal Pandit) be restored to its original number. 3. Counsel for respondent No. 1 / plaintiff, who is main contesting party to the case, would submit that time was granted twice to make good the defaults, as pointed out by the Registry, despite that applicant failed to rectify the defects. He further submits that sufficient cause has not been shown by petitioner/ defendant 3 No. 1 for condoning the delay in filing the MCC, hence, the application for condonation of delay in filing the MCC as well as the MCC may be rejected. 4. Heard counsel for the parties and perused the material available on record. 5. Perusal of order dated 03.09.2025 show that peremptory order was passed in absence of counsel for the applicant / appellant, therefore, it cannot be brushed aside that counsel for the application was not aware about the peremptory order. 6. Having considered the aforesaid facts, I.A. No. 1/2026 is allowed and delay of 157 days in filing the MCC is hereby condoned and on aforesaid circumstances, M.C.C. filed by the applicant is allowed. 7. Accordingly, the Registry is directed to restore Second Appeal No. 571 of 2022 {Smt. Nusrat Jareen vs. Anup Lal Pandit} in its original number for hearing and disposal in accordance with law. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.06.29 15:18:51 +0530