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2026 DAILYLAW 31902 (CHH)

SMT. SANTOSH SHARMA v. GULSHER KHAN

MCC/783/2026 · 2026-08-20

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010311192026 2026:CGHC:37513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 783 of 2026 1 - Smt. Santosh Sharma W/o Manoj Verma Aged About 32 Years R/o Rishi Gas Agency, Yadunandan Nagar, Bilaspur, District Bilaspur, C.G. 2 - Smt. Gouri Sharma W/o Devendra Rao Sharma Aged About 32 Years R/o Ayamnagar, Near Katora Talab, Raipur, District Raipur, Chhattisgarh. 3 - Shankar Rao S/o Late Ramadhin Rao Aged About 45 Years R/o Bharrapara Pendra, Tahsil Pendra, District Bilaspur, Chhattisgarh. 4 - Ku. Meena D/o Late Ramadhin Rao Aged About 30 Years R/o Bharrapara Pendra, Tahsil Pendra, District Bilaspur, Chhattisgarh. ... Applicant versus 1 - Gulsher Khan S/o Ahmad Khan Aged About 43 Years R/o Infront Of Garhi, Pendra, Tahsil Pendra, District - Bilaspur, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.22 11:26:10 +0530 2 2 - Lalkhan @ Akalu S/o Ahmad Khan R/o Infront Of Garhi, Pendra, Tahsil Pendra, District Bilaspur, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Applicant : Shri Shivendra Kumar, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 21.08.2026 1. The present MCC has been 6led seeking restoration of S.A. No. 678/2018, which was dismissed for want of prosecution vide order dated 25.03.2026. 2. Learned counsel for the applicants submits that when the aforesaid Second Appeal was called for hearing, the counsel appearing for the applicants could not trace the matter in the cause list due to inadvertence and mistake, and consequently, could not appear before this Court. It is submitted that due to such inadvertent lapse, S.A. No. 678/2018 came to be dismissed for want of prosecution on 25.03.2026. 3. Learned counsel for the applicants further submits that the non-representation on behalf of the applicants when the Second Appeal was called for hearing was neither deliberate 3 nor intentional, but was due to an inadvertent and bona 6de mistake on the part of the learned counsel. It is submitted that the applicants ought not to be made to su=er for such an inadvertent lapse and, therefore, the dismissal order may kindly be recalled and S.A. No. 678/2018 be restored to its original number and position. 4. On due consideration of the submissions made and for the reasons assigned in the application, duly supported by an a>davit, this Court is satis6ed that su>cient cause has been shown for restoration of S.A. No. 678/2018. 5. Accordingly, the MCC is allowed. The order dated 25.03.2026 dismissing S.A. No. 678/2018 for want of prosecution is hereby recalled. The Registry is directed to restore S.A. No. 678/2018 to its original number and position, subject to payment of cost of Rs.5,000/- (Rupees Five Thousand only), payable to the Chhattisgarh High Court Bar Association Library Fund. 6. With the aforesaid direction, the MCC stands disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib