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2026 DAILYLAW 32063 (CHH)

SUDHIR KUMAR AGRAWAL v. AJAY KUMAR AGRAWAL

MCC/742/2026 · 2026-08-11

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010298992026 2026:CGHC:35447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 742 of 2026 1 - Sudhir Kumar Agrawal S/o Late Shri Laxminarayan Agrawal Aged About 83 Years R/o Village And Post Ponch, Tehsil Baloda, District - Janjgir-Champa Chhattisgarh Present Address Astha Plot No. 207, Sector 10, New Panvel East, Navi Mumbai, Distric - Raigarh, Pin 410206 Maharashtra 2 - Ashok Kumar Agrawal S/o Late Shri Laxminarayan Agrawal Aged About 75 Years R/o Village And Post Ponch, Tehsil Baloda, District Janjgir Champa Chhattisgarh Present Address Dipupara, Vinoba Nagar, Ward No. 28, Tarbahar, Behind Shiv Temple, Vidhya Nagar, District Bilaspur Chhattisgarh ... Applicant versus 1 - Ajay Kumar Agrawal S/o Late Shri Laxminarayan Agrawal Aged About 61 Years Profession Civil Engineer, Village And Post Ponch, Tehsil Baloda, District Janjgir Champa Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.12 14:26:36 +0530 2 2 - Manikant Agrawal S/o Shri Budh Prakash Agrawal R/o Income Tax O:ce Parisar, Janjgir, District Janjgir-Champa Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Applicant : Shri Rahul Kumar, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12.08.2026 1. Heard on I.A. No. 01/2026, an application for condonation of delay in >ling the present MCC. 2. On due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed. Delay of one day in >ling the present MCC is hereby condoned. 3. Learned counsel for the applicant submits that MCC No.551/2026 was dismissed for want of prosecution vide order dated 24.06.2026, as the counsel could not appear when the matter was listed, due to a bona >de and inadvertent mistake. It is, therefore, submitted that the non-appearance was neither intentional nor deliberate and, accordingly, restoration of MCC No.551/2026 to its original number is prayed for. 3 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 and the explanation furnished by the applicant, this Court is satis>ed that su:cient cause has been shown for restoration of MCC No.551/2026. The lapse appears to be bona >de and inadvertent. 6. Accordingly, this MCC is allowed. The order dated 24.06.2026, whereby MCC No.551/2026 stood dismissed for want of prosecution, is recalled. MCC No.551/2026 is restored to its original number. 7. Post MCC No. 551/2026 today itself. Sd/- (Bibhu Datta Guru) JUDGE shoaib