1 CGHC010406282025 2026:CGHC:31533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 972 of 2025 1 - Sitaram S/o Late Babulal Satnami, Aged About 51 Years R/o Village Telasi, Tahsil And District Baloudabazar (C.G.). 2 - Shivkumar, S/o Late Babulal Satnami, Aged About 40 Years R/o Village Telasi, Tahsil And District Baloudabazar (C.G.). 3 - Daulal S/o Late Lakhan Satnami, Aged About 70 Years R/o Village Telasi, Tahsil And District Balodabazar (C.G.)......(Note- Appellant No. 3 Punni Bai Died During Pendency Of Second Appeal And Her Legal Heirs Appellantt No. 1 And 2 Are Already On Record, Therefore Not Impleaded Punni Bai As A Party.) ... Applicants versus 1 - Sukhchain @ Sukhchand S/o Late Baisakhu Satnami, Aged About 67 Years R/o Ward No. 03, Ashok Nagar Raipur, City Tahsil And District Raipur (C.G.). 2 - Shivkumar (Died) Through Lrs 2.1 - Baisakhin Bai W/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.2 - Hemraj Satnami, S/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.3 - Hemant Satnami, S/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.4 - Hemchand Satnami, S/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.5 - Maniram Satnami, S/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.6 - Indira, D/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.7 - Savitri D/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 2.8 - Mithlesh D/o Late Shivkumar, R/o Ashok Nagar, Ward No. 3, Police Station Gudiyari, Raipur City, Tehsil And District Raipur (C.G.). 3 - State Of Chhattisgarh Through The Collector, Raipur (C.G.). Digitally signed by NADIM MOHLE 2 ... Non-Applicants For Applicants : Mr. Sourabh Sharma, Advocate For Non-Applicants : Mr. Sudeep Verma, Advocate Mr. Topi Lal Bareth, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/07/2026 1. This application has been moved for restoration of Second Appeal No. 272/2017, which was dismissed on account of a peremptory order dated 14.12.2023, whereby the appellants were directed to move an application for substitution of the legal representatives of Non- Applicant No. 2- Shiv Kumar, within a period of two weeks. 2. Mr. Sourabh Sharma, learned counsel appearing for the applicants would submit that due to inadvertence, the requisite steps could not be taken and, consequently, the appeal was dismissed on account of the peremptory order. He would further submit that applications have already been moved under Order 22 Rule 4 CPC and under Order 22 Rule 9 CPC along with an application for condonation of delay, therefore, he prays that the said applications as well as the prayer for restoration may be allowed. 3. On the other hand, learned counsel appearing for Non-Applicant No. 1 would oppose the prayer made by counsel for the applicants. He would further contend that no steps were taken by the appellants for substitution of the legal representatives of non-applicant No.2-Shiv Kumar, despite peremptory order. He would also contend that the applicants failed to assign sufficient reasons in the instant MCC, therefore, same may be dismissed. 3 4. Mr. T.L. Bareth, learned counsel appearing for the State would endorse the submissions made by the counsel for Non-Applicant No. 1. 5. Heard. 6. Taking into consideration the submission made by Mr. Sharma and the reasons assigned in the application. Further, the applications under Order 22 Rule 4 CPC and Order 22 Rule 9 CPC, along with an application for condonation of delay, have been moved, I am inclined to allow the said applications. 7. Consequently, the instant MCC is hereby allowed and Second Appeal No. 272/2017 is restored to its original number. 8. The appellants shall be at liberty to carry out the necessary amendment in the Second Appeal No.272 of 2017. Sd/- Rakesh Mohan Pandey JUDGE Nadim