1 2026:CGHC:10962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 688 of 2022 1 - L.L Gabel S/o Jhumuk Lal Gabel, Aged About 63 Years R/o House No. C- 86, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. 2 - R.S. Bajpai S/o Ram Kumar Bajpai Aged About 65 Years R/o House No. C- 86, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. 3 - Ashok Natthani S/o Uddham Das Natthani Aged About 66 Years R/o House No. C-89, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. 4 - Chhaya Bihone W/o M.L. Bihone Aged About 56 Years R/o House No. C- 90, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. 5 - Kishan Lal Sethiya S/o Ram Dipta Sethiya Aged About 58 Years R/o House No. C-88, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. ..Petitioner(s) versus 1 - Sarva Nand Gehi S/o Bambu Mal Gehi Aged About 52 Years R/o House No. A-7, Shailendra Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.03.03 15:08:25 +0530 2 2 - Smt. Pooja Gehi W/o Jagdish Gehi Aged About 57 Years R/o House No. A- 7, Shailendra Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. 3 - Vijay Gehi S/o Roop Chand Gehi, Aged About 50 Years R/o Kelkar Para, Raipur, Tahsil And District Raipur, Chhattisgarh. 4 - L.K. Solanki S/o Kanji Solanki Aged About 72 Years R/o House No. C-87, Sector - 6, Priyadarshini Nagar, Bajaj Colony, Raipur, Tahsil And District Raipur, Chhattisgarh. 5 - Tej Kumar Bajaj S/o C.J. Bajaj Aged About 52 Years R/o Katora Talab, Raipur, Tahsil And District Raipur, Chhattisgarh. 6 - Municipal Corporation, Raipur, Through Commissioner, Municipal Corporation, Raipur, Chhattisgarh. 7 - Raipur Development Authority Through The Chief Executive Officer, Raipur Development Authority, New Rajendra Nagar, Raipur, Chhattisgarh. 8 - Rajiv Grih Nirman Samiti, Through Deputy Registrar, Cooperative Societies, Vivekanand Nagar, Raipur Tahsil And District Raipur, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jai Prakash Shukla, Advocate For Resp No. 1 & 3 : Mr. Ankur Agrawal, Advocate For Resp No. 2 : Mr. Sandeep Dubey, Advocate For Resp No. 5 : Ms. Isha Jajodia, Advocate For Resp. No. 7 : Mr. Pankaj Agrawal, Advocate Hon'ble Justice Shri Bibhu Datta Guru Order on Board 03/03/2026 1. This MCC has been filed for restoration of FA No. 218 of 2018, which was dismissed for want of prosecution pursuant to a peremptory order. 2. Learned counsel for the petitioner submits that due to a bona fide 3 mistake, he could not remove the default within time, and consequently, the appeal was dismissed for want of prosecution. 3. On the other hand, learned counsel appearing on behalf of respondent Nos. 1 to 3 by referring the reply submitted by them, would submit that the petitioner filed the instant MCC on the basis of false and fabricated facts. The explanation offered by the petitioner in the application is not tenable and sufficient cause has been shown for the hefty delay of 836 days. 4. Upon due consideration of the submissions made by learned counsel for the parties and in the interest of judice, the MCC is allowed. FA No. 218 of 2018 is restored to its original number, subject to payment of costs of Rs. 10,000/-, payable to the High Court Legal Aid Committee. SD/- (Bibhu Datta Guru) Judge Jyoti/Rahul