% ^Mii^^ i HIGH COURT OF CHHATTISGARH AT BILASPUR Applicants L.R's ofAppellants M.C.C. N0. 474/2011 la. Nankishore Yadav aged about 34 years, S/o Ratanlal Yadav, R/o English School Ke Pass, Banglapara, Narayanpur, Ib. Smt Hemlata Yadav aged about 30 years, W/o Sharad Yadav, Annupurnapara, Sunni Kabristan Ke Pass, Kanker lc. Smt Rita Yadav aged about 28 years, S/o ShivMandir Ward Mahadevghat Narayanpur 2a. Smt Dropati aged about 57 years, W/o Late Bhuneshwar, R/o Jagdish Mandir, Ward No. 9, Narayanpur 2b. Devlal Devangan aged about 39 years, 2c. Chumanlal Dewangan aged about 23 years, Applicant no. 2b and 2c S/o Bhuneshwar, R/o Jagdish Mandir Ward Nagar Panchayat Narayanpur, Distt. Narayanpur 2d. Smt Puspa Dewangan aged about 35 years, W/o Jugdhar Dewangan R/o village Mulmula Tahsil Kondagaon, Distt. Bastar 2e. Smt Sangita Dewangan aged about 29 years, W/o Ramesh K. Dewangan, R/o village Palari, Tah. Kondagaon, Distt. Bastar 3a. Smt Matibai Dewangan aged about 45 years, W/o LateGangadhar 3b. Santosh Kumar Dewangan aged about 28 years, S/o Late Gangadhar 3c. Smt Namita Dewangan aged about 24 years, D/o Gangadhar Dewangan 3d. Bodhan Dewangan aged about 22 years, S/o Late Gangadhar Applicant No. 3a to 3d are R/o Jagdish Mandir Ward No. 9, Narayanpur Respondents Versus 1. 2. 3. L.R's ofAppellant No. 1 5. Gujbati Bai D/o Shir Dauram Ganda aged about 45 years, R/o Karlakh Tahsil Narayanpur, Distt. Bastar Deolal S/o Ramchandra Ganda aged about 35 years, R/o Antagarh Tahsil Narayanpur, Distt. Bastar Deonath aged about 25 years, S/o Ramchandra Ganda R/o Antagarh Tahsil Narayanpur, Distt. Bastar Lachchho Bai W/o Shri Duklu Ganda Aged about SQyear, R/o Pungogaon, Tahsil Narayanpur, Dsitt. Bast.ar Santosh Yadav S/o late Ratiram ^111^%IS JJ YS^" 6. 7. 8. 9. 10. Q-- Yadav Tahsil Kondagaon Kaneraroad Nakapara, Bastar Manoj Yadav S/o Ratiram Yadav Bazarpara Kondagaon Distt. Bastar Smt Radhika Yadav W/o Govind Yadav R/o Tahsil Orcha Village Chotedongar Nayapura, Bastar Virendra Yadav S/o Late Ratiram Yadav R/o Kondagaon Kaneraroad, Nakapara Bastar Ku. Sangita Yadav, D/o Ratiram Yadav Tahsil Kondagaon Keneraroad Bastar Smt Peelabati Yadav, W/o Gangaram yadav Village Bharka Tahsil Keshkal Distt. Bastar APPLICATION FOR RESTORATION. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Parag Kotecha, Advocate for the petitioners. Respondents not noticed. 4. QRAL-QRDER (Passedon 05/08/2011) This is a petition for restoration of second appeal No. 333/1992 dismissed for want of prosecution vide order dated 31/3/2010. Learned counsel for the petitioners frankly admitted that prior to order dated 31/3/2010 passed in second appeal No. 333/1992 for dismissal of second appeal for want of prosecution, all appellants had died and by operation of law, second appeal has been abated therefore, he seeks to withdraw this petition with liberty to file separate and specific petition under Order 22 Rule 9 of the Civil Procedure Code, 1908 along with other applications for setting aside abetment. Considering the availability of the remedy in terms of Order 22 Rule 9 of the Civil Procedure Code, 1908, petition is dismissed ' as withdrawn with aforesaid liberty. Certified copy of the order impugned be returned to the learned counsel for the petitioners after duly submission of the photostatted copy ofthe same. No order as to costs. Sd/- T.P. Sharma Judge y ^