1 2026:CGHC:26333 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 167 of 2026 Bibi Fatima W/o Late Shri Aslam Khan Aged About 50 Years D/o Mohd. Aslam Khan R/o - Choti Koni, Bilaspur, District Bilaspur, Chhattisgarh ... Applicant versus 1 - Mohd. Azam Khan S/o Mohd. Aslam Khan Aged About 39 Years R/o Village- Purani Basti Katghora, Tahsil Katghora, Dist. Korba, Chhattisgarh. (Defendant No. 01) 2 - Aazma Begum D/o Mohd. Aslam Khan, W/o Mohd. Yousuf Aged About 48 Years R/o Naya Sarkanda Khanbada Bilaspur, District- Bilaspur, Chhattisgarh. (Defendant No. 02) 3 - Baana @ Gulbana Begum D/o Mohd. Aslam Khan, W/o Mohd. Gul Aged About 38 Years R/o Ranjhi Basti Mastana Chowk, Jabalpur, District- Jabalpur, Chhattisgarh. (Defendant No. 03) 4 - Mehmuda W/o Saiyad Ghulam Aged About 68 Years R/o Naya Sarkanda, Khanbada Bilaspur, District Bilaspur, Chhattisgarh. (Defendant No. 04) 5 - Nek Mohmmad S/o Mohd. Gani Khan Aged About 42 Years R/o Ranjhi Basti Mastana Chowk, Jabalpur, District Jabalpur, M.P. (Defendant No. 5) 6 - Mohd. Razak S/o Ali Makhmad Aged About 48 Years R/o Ranjhi Basti Mastana Chowk, Jabalpur, District Jabalpur, M.P. (Defendant No. 6) 7 - Mohd. Ayaz Khan S/o Ali Makhmad Aged About 50 Years R/o Katghora, Dist- Korba, Chhattisgarh (Defendant No. 7) 8 - Ghulam Rasud S/o Gulab Khan Aged About 57 Years R/o Near Saamudaayik Bhawan, Seepat Road, Sarkanda, District Bilaspur, Chhattisgarh (Defendant No. 08) 9 - Akbar Khan S/o - Gulab Khan Aged About 51 Years R/o Near Saamudaayik Bhawan, Seepat Road, Sarkanda, District Bilaspur, Chhattisgarh (Defendant No. 09) 2 10 - Zardana Begum D/o Ali Makhmad Aged About 60 Years R/o Seepat Road Bilaspur, District Bilspur, Chhattisgarh (Defendant No. 10) 11 - Mohd. Gul S/o Baaj Gul Aged About 56 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 11) 12 - Niyaz Khan S/o Baaj Gul Aged About 54 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 12) 13 - Gul Samad S/o Baaj Gul Aged About 48 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 13) 14 - Lukmaan S/o Baajgul Aged About 46 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 14) 15 - Sabbir S/o Baajgul Aged About 45 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 15) 16 - Munna S/o Baaj Gul Aged About 51 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 16) 17 - Eid Mohd. S/o Saheb Khan Aged About 55 Years R/o Ranjhi Basti Sapre Mutton Shop Gali Mastana Chowk, Jabalpur, M.P. (Defendant No. 17) 18 - Sultan S/o Saheb Khan Aged About 45 Years R/o Baloda Bazar, Chhattisgarh (Defendant No. 18) 19 - Noorjahan D/o Saheb Khan, W/o Jamaldin Aged About 50 Years R/o Ranjhi Basti Mastana Chowk, Jabalpur, District Jabalpur, M.P. (Defendant No. 19) 20 - State Of Chhattisgarh Through The Collector, Korba, District Korba, Chhattisgarh (Defendant No. 20) ... Respondents (Cause title, as taken from CIS} For applicant : Mr. Syed Ishhadil Ali, Advocate. For Res. No. 20 : Mr. Ujjawal Choubey, PL alongwith Ms. Vartika Shrivastava, PL {Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 29/06/2026 1. Though this MCC has not been listed today for hearing on I.A. No. 02/2026, which is an application for condonation of delay of 304 days in filing application for restoration of S.A. No. 78/2024 {Bibi Fatima Vs. Mohd. Aazam 3 Khan & others}, but on the request of applicant’s counsel, the said application is taken-up for hearing. 2. Heard on I.A. No. 2 /2026, application for condonation of delay of 304 days in filing MCC as well as on restoration application of Second Appeal No. 78/2024 {Bibi Fatima vs. Mohd. Vs. Mohd. Aazam Khan}, which was dismissed vide Office Note dated 24.02.2025 in compliance with the peremptory order passed by Court on 06.02.2025. 3. Learned counsel for the petitioner submits that when Second Appeal No.78 of 2024 was taken-up for hearing on 06.02.2025, on that day, in absence of appellant’s counsel, time was granted to the applicant / appellant to rectify the defects with a direction that if the default is not made good within the stipulated time, then the appeal be dismissed automatically without further reference to the Bench, therefore, in compliance of the peremptory order dated 6.2.2025, the second appeal was dismissed vide office Note dated 24.02.2025. He further submits that since a peremptory order was issued on 6.2.2025 and the previous counsel representing the applicant/appellant did not take care about the case, therefore, the case was dismissed in compliance with that peremptory order dated 6.2.2025. It is next contended that the applicant came to know about dismissal of his second appeal, when she received notice of execution from Tahsildhar, Katghora, District Korba (C.G.) in Revenue case No. 202512050700026 B-121/2025-26 about one month prior to filing instant MCC, thereafter, she immediately contacted her present counsel and then MCC was filed. Hence, he prays that delay of 304 days in filing the restoration application may be condoned, MCC may be allowed and Second Appeal No. 78/2024 {Bibi Fatima vs. Mohd. Vs. Mohd. Aazam Khan} be restored to its original number. 4. Counsel for the State submits that the State is formal party to the case. 5. Heard counsel for the parties and perused the material available on record 4 alongwith second appeal No. 78 of 2024. 6. Since the grounds mentioned by the appellant/ applicant for condoning the delay of 304 days in filing the restoration application and restoration of second appeal is about one and the same, which has already been considered about, hence, in the interest of justice, I.A. No. 2/2026 is allowed and delay of 304 days in filing the MCC is hereby condoned and on aforesaid circumstances, M.C.C. filed by the appellant / applicant is allowed. 7. Accordingly, the Registry is directed to restore the Second Appeal No. 78/2024 {Bibi Fatima vs. Mohd. Vs. Mohd. Aazam Khan} 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: 2026.07.01 11:16:01 +0530