^^ "•^. •^ ^'^0^d ^ ^ ^° L HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUN1L KUMAR SINHA, J. APPLICANT M.C.C.No.340of2008 Smt. Durgesh Shrivastava, aged about 28 (32) years, wife of Raju Shrivastava, Steno, Tahsil Office, R/o Ayappa Mandir, Bhartiya Nagar, Bilaspur (CG) NON-APPLICANTS 1 Versus Shri Sukhlal Choudhary, son of lccha Ram, aged about 51 years, Agriculturist, R/o Ayyappa Mandir, Bhartiya Nagar, Bilaspur (C.G.) t; Shri Ajay Kumar Shrivastava, son of Shri Ashok Kumar Shrivastava, aged about 40 years, R/o Ayyappa Mandir, Bhartiya Nagar, Bilaspur (C.G.) APPLICATION FOR RESTORATION OF SECOND APPEAL N0.127/2004. DISMISSED UNDER PRE-EMPTRY ORDER DT. 3.9.04 Presenf: Shri Ajay Mishra, learned counsel for the petitioner. ORDER (18th October, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Ajay Mishra, learned counsel for the petitioner is heard on I.A. No. 01/2008, an application for condonation of delay in filing the restoration petition. 2. On due consideration, we are satisfied that the petitioner has succeeded in showing sufficient.cause for the delay in filing the restoration petition. ^^^^•^. ^^1-. "•> v'^.' 1 ^^-- • -^ ^ 3. I.A. No. 01/2008, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4. Learned counse! for the petitioner is heard on the restoration petition. 5. The petitioner is seeking restoration of Second Appeal No.127/2004, which came to be dismissed for non-compliance of the order dated 03-09-2004. 6. On due consideration, M.C.C. No.340/2008 is allowed and Second Appeal No.127/2004 is restored to its original number. subbu Sd/- Chief Justice Sd4- Sunii Kumar Sinha Judge