^ ^v€ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Applicant/ AppeIIant CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUIVIAR SINHA, J. M.C.C.No. 241 of 2009 Ranvir Singh Beck, S/o Shri Siril Beck, aged about 41 years, S.D.O., Irrigation Department, at present P.W.D., R/o Mahanadi Godavari Kachhar, Raipur Respondents ^» VERSUS 1. Smt. Sushila Bai Thakur, aged about 35 years, W/o Late Shatruhan Lal Thakur, Caste- Gond. 2 Kumari Rupali Thakur, aged about 17 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 3 Kumari Pinki Thakur, aged about 14 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 4. Kumari Urvashi Thakur, aged about 13 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 5. Kumari Soniya Thakur, aged about 10 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 6. Kumari Reshma Thakur, aged about 8 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 7. Manish Kumar Thakur, aged about 6 years, S/o Late Shatruhan Lal Thakur, Caste- Gond. 8. Kumari Geetanjalj Thakur, aged about 4 years, D/o Late Shatruhan Lal Thakur, Caste- Gond. 9. Dular Singh Thakur, aged about 75 years, S/o Late Gahiruram. FT- ^a^t^ llKK^ 10 Smt. Sonsil Bai Thakur, aged about 70 years, W/o Shri Dular Singh Thakur, Above SI.No.2 to 8 Minor through guardian Smt. Sushila Bai Thakur, W/o Late Shatruhan Lal Thakur. AIIWo Village Sankari, P.0. Palri, P.S. Gundardehi, Tahsil - Gundardehi, District Durg (C.G.). (All above are applicants) 11 P.W.D. Irrigation Department, Through: ACDO (SDO), P.W.D., Imgation Department, Bemetara, Durg (C.G.). 12 State of Chhattisgarh, Through PWD (Irrigation) Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G). Respondent No.11 and 12 are Non- applicant No.2 and 3 in Original case. ApDlication for restoration of Miscellaneous Appeal 10} (PR) No. 1397 of2009 Present: Shri Abhay Tiwari, learned counsel for the petitioner. Shri Praveen Das, learned Deputy Government Advocate for theState/respondents No. 11 & 12. ORDER (13th July, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on the restoration petition. 2. The petitioner is seeking restoration of M.A.C.(PR) No. 1397/2009, which came to be dismissed for want of prosecution vide order dated 17-06-2009. 3. On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration -tf;-:T%fc%. ^^^ "'x ;t ^s:.. ^- ^.-..—/^ ^ 1 ^t^^ ^ ^E^"' nlmmi petition, we are satisfied that the absence of the petitioner's/ appellant's counsel on 17-06-2009 when M.A.C.(PR) No.1397/2009 was taken up for hearing, was based on bona fide grounds. 4. M.C.C. No.241/2009,Jherefore, is allowed and M.A.C.(PR) No.1397/2009 is restored to its original numbeL_ Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge