1 CGHC010318452026 2026:CGHC:38023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 794 of 2026 1 - Narmada Prasad S/o Late Kartik Ram Aged About 65 Years R/o Sarhar, Tahsil Sakti, P.S. Sakti, Distt. Janjgir-Champa Now Sakti Chhattisgarh 2 - Tarachand S/o Late Kartik Ram Aged About 58 Years R/o Sarhar, Tahsil Sakti, P.S. Sakti, Distt. Janjgir-Champa Now Sakti Chhattisgarh ... Applicant versus 1 - Jagdish Prasad S/o Jaduram Aged About 30 Years R/o Sarhar, Tahsil Sakti, P.S. Sakti, Distt. Janjgir-Champa Now Sakti Chhattisgarh 2 - Kapilnath S/o Jaduram Aged About 40 Years R/o Sarhar, Tahsil Sakti, P.S. Sakti, Distt. Janjgir-Champa Now Sakti Chhattisgarh 3 - Smt. Vrinda Bai W/o Jaduram Aged About 34 Years R/o Kosmanda, Distt. Janjgir-Champa Now Sakti Chhattisgarh (Lr Of Smt. Ram Bai (Since Deceased) W/o Late Jaduram) 4 - State Of Chhattisgarh Through Collector, Janjgir-Champa Now Sakti Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.25 16:17:33 +0530 2 ... Respondent(s) (Cause title taken from CIS) For Applicant : Shri Ishwar Chandra, Advocate For Respondent(s) : Ms. Anuja Sharma, Dy. Govt. Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 25.08.2026 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 139 days in <ling the present MCC is hereby condoned. 3. Learned counsel for the applicants submits that Second Appeal No.543/2013 was listed for hearing on 20.02.2026, but no one appeared on behalf of the applicants on the said date and, consequently, the appeal was dismissed for want of prosecution vide order dated 20.02.2026. It is submitted that the applicants had not been in contact with their counsel for a considerable period, due to which the counsel could not remain present when the matter was taken up for hearing. It is further submitted that the applicants have now contacted the counsel and intend to 3 contest the appeal on merits. The non-appearance is stated to be bona <de and inadvertent. Learned counsel, therefore, prays that the order of dismissal be recalled and Second Appeal No.543/2013 be restored to its original number. 4. I have heard learned counsel for the applicants and perused the material available on record. 5. Considering the facts and circumstances of the case and the explanation furnished by the applicants, this Court is satis<ed that su@cient cause has been shown for restoration of Second Appeal No.543/2013. The non- appearance of the applicants appears to be bona <de and inadvertent. However, in the interest of justice, the restoration is made subject to payment of costs. 6. Accordingly, this MCC is allowed. The order dated 20.02.2026, whereby Second Appeal No.543/2013 was dismissed for want of prosecution, is recalled. Second Appeal No.543/2013 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. 4 7. With the aforesaid direction, the MCC stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE shoaib