1 CGHC010140882025 2026:CGHC:36373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 387 of 2025 Yogeshwar S/o Bimbadhar Aged About 71 Years R/o Village Tumidih Tahsil Gharghoda District - Raigarh (C.G.) --- Applicant versus 1 - Kailash Kumar Patel S/o Parmeshwar Patel Aged About 50 Years R/o Village Basir Colony Chhal Road Gharghoda Tahsil Gharghoda District - Raigarh (C.G.) 2 - State Of Chhagttisgarh Through Collector Raigarh District - Riagarh (C.G.) --- Respondents For applicant : Mr. Vedant Shadangi, Adv. For Respondent No. 2 : Mr. Siddharth Sharma, Panel Lawyer. For Respondent No. 1 : None, though Vakalatnama has been filed on his behalf. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 14-8-2026 1. Heard on I.A. No. 1/2025, an application for condonation of delay in filing the MCC, as well as on the main MCC. 2. The instant MCC has been filed for restoration of F.A. No. 290/2018, which was dismissed for want of prosecution vide order dated 4-1- 2019. 3. Learned counsel for the applicant submits that the applicant was represented by a counsel in the First Appeal; however, without any intimation to the applicant, the counsel failed to appear on 4-1-2019, resulting in dismissal of the First Appeal for want of prosecution. He 2 further submits that in March, 2025, the applicant came to know about the order dismissing the appeal. Thereafter, he contacted the present counsel and filed the instant MCC along with an application for condonation of delay of 1539 days in filing the MCC. Hence, he submits that the delay is bona fide and deserves to be condoned, and the MCC may be allowed and F.A. No. 290/2018 may be restored to its original number. 4. Learned counsel appearing for the State submits that the State is only a formal party in the case. 5. Having considered the submissions and for the reasons mentioned in I.A. No. 1/2025, which is duly supported by the affidavit of the applicant, the application is allowed. Accordingly, the delay of 1539 days in filing the MCC is condoned. 6. Further, considering the aforesaid submissions of learned counsel for the applicant, the instant MCC is allowed. The order dated 4-1-2019 passed in F.A. No. 290/2018 is hereby recalled. The Registry is directed to restore F.A. No. 290/2018 (Yogeshwar Vs. Kailash Kumar Patel and another) to its original number and list the case as per roster. 7. Pending interlocutory application(s), if any, also stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.08.18 11:12:28 +0530