1 CGHC010292282026 2026:CGHC:35448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 745 of 2026 Shabnam Mirza W/o Meharuddin Mirza Aged About 37 Years R/o Ward No. 15, Kawardha Tah, And P.S. Kawardha, Distt- Kabirdham Kawardha (C.G.) ... Applicant versus 1- Mahmooda Begum D/o Mohammad Khursid Aged About 45 Years R/o Ward No.15 Kawardha, Tah, And P.S. Kawardha Distt- Kabirdham Kawardha (C.G.) 2 - Abdul Hafeez S/o Abdul Mazid Aged About 62 Years R/o Majgaon Road, Near Energy Park, Kawardha P.S. And Tah. Kawardha, Distt- Kabirdham (C.G.) 3 - The Chief Municipal O7cer Municipal Corporation Kawardha Distt- Kabirdham Kawardha (C.G.) 4 - The Collector And Nazul O7cer Kawardha, Distt- Kabirdham ... Respondent(s) (Cause title taken from CIS) For Applicant : Shri Abhipreet Bajpai, Advocate For Respondent(s) : Shri K.G. Yadav, Dy. Govt. Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.12 17:00:19 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12.08.2026 1. Heard on I.A. No. 01/2026, application for condonation of delay in <ling this MCC. 2. On due consideration and for the reasons mentioned in the above application, the I.A. No. 01/2026 is allowed. Delay of 146 days in <ling this MCC is hereby condoned. 3. Learned counsel for the applicant submits that the Second Appeal bearing SA No.393/2014 came to be dismissed for want of prosecution vide order dated 29.01.2026, as none appeared on behalf of the appellant on the said date. It is submitted that no information or message regarding listing of the case was received by the counsel concerned and, consequently, the counsel could not appear when the matter was taken up for hearing. It is further submitted that the non-appearance was due to a bona <de and inadvertent mistake on the part of the counsel and was neither intentional nor deliberate. Upon the appellant contacting the counsel regarding the status of the case, it was found that the appeal had already been dismissed for 3 want of prosecution. It is, therefore, prayed that the order of dismissal be recalled and SA No.393/2014 be restored to its original number, so as to enable the appellant to contest the appeal on its merits. 4. I have heard learned counsel for the applicant and perused the material available on record. 5. Considering the facts and circumstances of the case, particularly the explanation furnished by the applicant for non-appearance on 29.01.2026, this Court is satis<ed that su7cient cause has been shown for restoration of the appeal. The lapse appears to be bona <de and inadvertent. 6. Accordingly, this MCC is allowed. The order dated 29.01.2026, whereby SA No.393/2014 stood dismissed for want of prosecution, is recalled. SA No.393/2014 is restored to its original number, subject to payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to the Chhattisgarh High Court Bar Association Library Fund. Sd/- (Bibhu Datta Guru) JUDGE shoaib