1 2026:CGHC:14900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 573 of 2025 1 - Rajkumar Singh S/o Late Shri Digvijay Singh Aged About 70 Years R/o Village Kopebhatha (Gandai) Tahsil Chuikhadan District Rajnandgaon (Now District- Khairagarh- Chuikhadan- Gandai) Civil And Revenue District Rajnandgaon (C.G.) (Defendants No. 1 To 3) 2 - Shiv Singh S/o Digvijay Singh Aged About 58 Years R/o Village Kopebhatha (Gandai) Tahsil Chuikhadan District Rajnandgaon (Now District- Khairagarh- Chuikhadan- Gandai) Civil And Revenue District Rajnandgaon (C.G.) 3 - Narayan Singh S/o Digvijay Singh Aged About 53 Years R/o Village Kopebhatha (Gandai) Tahsil Chuikhadan District Rajnandgaon (Now District- Khairagarh- Chuikhadan- Gandai) Civil And Revenue District Rajnandgaon (C.G.) ... Applicants versus 1 - Mukesh Singh S/o Dauwa Singh Aged About 43 Years R/o Kopebhatha, Tahsil- Chuikhadan, District Rajnandgaon (C.G.) Present Address Block No. 55, Quarter No.31, Nehru Nagar (West), Bhilai District- Bhilai (C.G.) (Plaintiff) 2 - State Of Chhattisgarh Through The Collector, Rajnandgaon (C.G) (Defendant No. 4) ... Respondents (Cause title is taken from CIS) For Applicants : Mr. Sanjay Agrawal, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.04.01 17:08:31 +0530 2 (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 01/04/2026 1. The present MCC has been filed for restoration of SA No.347/2013, which was dismissed on 29/04/2015, pursuant to the peremptory order dated 04/07/2013. 2. This application is barred by limitation of 4293 days. The applicants has filed I.A. No.1/2025, application for condonation of delay. Perusal of the same, it appears that the same has been filed without assigning sufficient and cogent reasons for such a whopping delay. 3. Perusal of the document appended with the MCC, it is manifest that this Court by order dated 04/07/2013 passed in SA No.347/2013 has been pleased to issue notice to the respondent No.1 and at the same time passed an interim order, as under:- “As an interim measure, it is directed that if the appellants furnish security of Rs.30,000/- to the satisfaction of the trial Court i.e. Civil Judge, Class-II, Chhuikhadan and pay all dues recoverable under the decree within thirty days from today, eviction part of decree shall remain stayed till the next date of hearing. In case of non-compliance, the appeal shall stands dismissed automatically without reference to the Bench” 4. Despite obtaining interim protection from this Court, the applicants have not taken any initiative to furnish the requisite security amount and even they have not filed any document/receipt to establish the fact that in compliance of the interim order, they 3 have deposited the requisite security amount of Rs. 30,000/- within the stipulated time. 5. In the absence of any explanation for such extraordinary delay in filing the MCC and in light of continued non-compliance with the Court’s order, the present MCC is liable to be dismissed on the ground of delay alone. 6. Accordingly, the MCC is dismissed, as barred by limitation. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep