^' (^ HIGH COURTOF CHHATTISGARH : BILASPUR Division Bench Coram: - Hon'ble Shri Dhirendra Mishra & Hon'ble Shri Manindra Mohan Shrivastava, JJ. M.C.C.No.21of2010 Versus (Application for restoration of First Appeal No.185/2006 dismissed in defautt on11-12-2009) Present: - Shri Anand Kumar Gupta, counsei for the applicants. Shri M. P. S. Bhatia, Deputy Govt. Advocate for the State. ORAL ORDER (Passed on this 15th day of January, 2010) Heard. (2) The applicants have filed this application for restoration of First Appeal No.185 of 2006 which was dismissed for want of prosecution vide order dated 11-12-2009. (3) Upon due consjderation the reasons assigned in the application for restoration which is also supported by an affidavit of the applicant namely Sheikh r -^ ^ £ 'r^) Appljcants Appellants 1. Shiekh Ayub, aged about 41 years, S/o Sheikh Mannu Musalman, RA> Jarhabhata,! Bilaspur (C.G.) 2. Shiv Kumar Saraf S/o Shri Motilal Saraf, aged 47 years, R/o Link Road, Bilaspur (CG) Non-apDlicants Respondents T~ Chhaya Bai, aged about 46 years, D/o Damodar Rao, (Wife of Shri Premlal Soni) ^L Smt. Rekha Khande, aged about 47 years, D/o Damodar Rao, W/o K. D. Khande, No.1 and 2 are resident of House No.A-4, Rukhmani Vihar, Magarpara, Bilaspur, Tahsil and District Bilaspur (CG) ^7 State of Chhattisgarh through the Codector, Bilaspur (CG) —2-— ^^ ^ Ayub. we are satisfied that the applicant has shown sufficient reason for his non- appearance on 11-12-2009. (4) Accordingly, the application (M.C.C.No.21 of 2010) is aKowed and the First Appeal No.185 of 2006 is directed to be restored subject to applicant depositing a sum of Rs.200/- in the High Court Legal Aid within a period of two weeF Sd/- Dhirendra Mishra Judge Sd/- Manindra Mohan Shrivastava Judge Tumane •^ L.