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2026 DAILYLAW 23563 (CHH)

JANAB JAVED ANSARI v. JANAB HASAM BHAI MEMON

MCC/391/2025 · 2026-06-24

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 2026:CGHC:26152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 391 of 2025 1 - Janab Javed Ansari S/o Late Mohammad Iqbal Aged About 50 Years R/o - Gole Bazaar, Hanifee Maszid, Bharka Para, Ward No. 25, Tahsil And District - Rajnandgaon Chhattisgarh 2 - Janab Hazi Mohammad Shafique S/o Late Hazi Mohammad Rafique Aged About 65 Years Sadar Kabristan Committee, Ahale Sunnat Valjamat, R/o Gudakhu Line, Tahsil And District - Rajnandgaon Chhattisgarh --- Petitioners versus 1 - Janab Hasam Bhai Memon S/o Late Taar Mohammad Aged About 47 Years R/o Ganjline, Near Mama Bhanja Mazar, Thana Kotwali Tahsil And District - Rajnandgaon Chhattisgarh 2 - Janab Hazi Mohammad Akram Aged About 65 Years Mutwallijama Masjid, R/o Nandai Chowk Pathan Para, Tahsil And District - Rajnandgaon Chhattisgarh 3 - Janab Wahid Khan Aged About 55 Years Mutwalli - Noorie Masjid, R/o Gori Nagar, Tahsil And District - Rajnandgaon Chhattisgarh 4 - Janab Sadique Ali Aged About 55 Years Mutwalli - Kanharpuri Masjid Tahsil And District - Rajnandgaon Chhattisgarh 5 - Janab Parwej Sharique Aged About 55 Years Mutwalli - Moti Masjid Tulsi Nagar Tahsil And District - Rajnandgaon Chhattisgarh --- Respondents For applicants : Mr. Prateek Singh Thakur, Adv. For Respondent : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 25-6-2026 1. Despite publication of name of counsel for the non-applicants in the cause list, who appeared for them in the First Appeal No. 50/2020, 2 none appears for them. 2. Applicants have preferred this MCC for restoration of FA No. 50/2020 which was dismissed by this Court vide order dated 18-2-2025 for want of prosecution. 3. Learned counsel for the applicants would submit that, FA No. 50/2020 was listed for hearing in the weekly cause list and the case was taken up for hearing on 18-2-2025, but, he was busy in other Court at the time of hearing, therefore, he could not appear and the case was dismissed for want of prosecution. He further submits that, his non- appearance is bonafide, hence the First Appeal may be restored. 4. On due consideration and further considering the fact that the First Appeal No. 50/2020 was dismissed on 18-2-2025, restoration application was filed on 22-4-2025, and there is no inordinate delay in filing the same, instant MCC is allowed. The impugned order dated 18- 2-2025 is set aside. Registry is directed to restore FA No. 50/2020 (Janab Javed Ansari and anr. Vs. Janab Hasam Bhai Memon and ors.) to its original number. 5. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.06.29 11:21:00 +0530