1 2026:CGHC:26978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 654 of 2025 1 - Puran (Now Died) Through Lrs Nandlal S/o Late Puran Aged About 44 Years Occupation Cultivator, R/o Village Kusha Post, P.S. And Tahsil Sonhat District Koriya Chhattisgarh ... Applicant Versus 1 - Shiv Kumar S/o Somar Say, Aged About 58 Years Caste Cherwa, Occupation Cultivator, R/ O Village Kusha, Tahsil Sonhat District Koriya Chhattisgarh 2 - Anand Ram S/o Somar Say Aged About 68 Years Caste Cherwa, Occupation Cultivator, R/ O Village Kusha, Tahsil Sonhat District Koriya Chhattisgarh 3 - Jan Say (Now Dead) Through Lrs 3.1 - 3(A). Sundar Basiya, Wd/o Late Jan Say, Aged About 55 Years R/o Village Kusha, Tahsil Sonhat, District Koriya Chhattisgarh 3.2 - 3(B). Krishna S/o Late Jan Say Aged About 49 Years Caste Cherwa, R/o Village Kusha, Tahsil Sonhat, District Koriya Chhattisgarh 3.3 - 3(C). Samay Lal, S/o Late Jan Say, Aged About 47 Years Caste Cherwa, R/o Village Kusha, Tahsil Sonhat, District Koriya Chhattisgarh 3.4 - 3(D). Ashish Kumar, S/ol Late Jany Say Aged About 39 Years R/o Village Kusha, Tahsil Sonhat, District Koriya Chhattisgarh 3.6 - 3(E). Rampyare S/o Late Jan Say, Aged About 34 Years R/o Village Kusha, Tahsil Sonhat, District Koriya Chhattisgarh 4 - State Of Chhattisgarh Through The Collector, District Koriya Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. Ravi Singh, Advocate on behalf of Mr. Ashok Kumar Shukla, Adv. SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 For Respondent/State : Dr. S.K. Dewangan, Panel Lawyer ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 01.07.2026 1. Heard on IA No.01, which is an application filed under Section 05 of the Limitation Act, 1963, seeking condonation of delay of 1560 days in filing the present restoration application (MCC). 2. For the reasons mentioned in the application, we are of the considered opinion that the applicants have shown sufficient cause in filing this restoration application (MCC) with a delay of 1560 days and, accordingly, the same is liable to be condoned. 3. Consequently, the delay of 1560 days in filing this restoration application (MCC) is hereby condoned. IA No.01 is allowed. 4. Also heard on admission. 5. The application being arguable is admitted for hearing. 6. Issue notice to the non-applicant No.4. Learned State appearing for the non-applicant No.4 accepts notice. 7. With the consent of the parties, heard finally. 8. This MCC has been filed seeking restoration of SA-261-2011, which was dismissed vide order dated 10.02.2021 due to no instructions. 9. Earlier, the applicant has also filed MCC-253-2021, for restoration of SA-261-2011, which was allowed vide order dated 3 05.04.2024 with the condition to pay cost of Rs.2000/- in favour of High Court Legal Services Committee within 15 days. However, the applicant failed to pay the said amount within time and, therefore, the order dated 05.04.2024, passed in MCC-253-2021 stood dissolved. 10. Be that as it may, for the reasons stated in the application, the same is allowed. SA-261-2011 is restored to its original number for hearing and disposal in accordance with law subject compliance of order dated 05.04.2024, passed in MCC-253-2021 within 07 days from today. It is made clear that aforesaid non-compliance within stipulated time, will lead to automatic dissolution of this order without further reference to the Bench. 11. Accordingly, the MCC allowed. sd/- (Sanjay K. Agrawal) Judge s@if