/ / ye?» ”(W47 G) w‘ MO ?.WW MK 7{&: lqg Pmsvmog‘h‘ QwaZ [g daxeé k % 7 p\ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH §§§€§§gFH? ~ f3\@§‘§@% A ‘ w M.C.C.No. Q-g?” 0F2005 ( Arising out of Second Appeal No. 891 ,Of 1999) 1 APPLICANTS: 1. Vishal S/o Shri Phannuram Sahu , aged about 55 :v/ KPPELLANTS years, resident of Village Dhaneli, Post Abhanpur,Tehsi1 and District Raipur (CG). 2 Keja Bai W/o Rarncharan Sahu aged about / 45 years, resident of Village Chlzlatouna Via Mahasamund, Tahsil Mahasamund District Raipur (CG). VERSUS R PONDENT Dehra, S/o Baratu Sahu, aged about 55 years res1dent of Villaoe Dhaneh Tehs11 and District Ralpur (CG) APPLIC [IO@ FOR RESTORATION OF SECOND APPEAL No.89 / 1999 (BETWEEN VISHAL AND ANOTHER VERSUS DEHRAI DISMISSED .E DEFAULT OF FOR WANT OF PROSECUTION ON DATED 10. 1 1.2005 m §m=$ M..C.£:Qfp;..2(g1/§>/V ‘ , “a”W (W) ‘ SP/F§/2005 - zo’ooo \V dv ‘ §§ mawm aaméerm ' mmwma $Wanés1 03.1 2,2005 : Shri Sunil Sahu, COL nsel for the appellants. Heard. i The applicant has preferred this app!ication for restoration 0f SA. No. 891/99 a3 the Same was dismissed vide order dated 10/1 1/2005 for want of prosecution. Learned counsel fo’ the appeuants submit that the matter was in fact iisted for 08.1 1 2005/2 nd the same was passed over because of non appearance of the reaper dents. However the Same was dismissed on subsequent date because none appeared on behalf of the parties and in View of the above, the appl cation deserves to be altowed. The me; of S.A. No. 891:99 have been perased. On the date when the appeal was dismissed, none appeared for the parties. Taking into consideration the grounds raised by the appellants in this application . which is supported by ar affidavit, the application is allowed and the. appeafNo. 891/99 is restored to its original number. ln View‘of the above, LA. No. 3147/2005 stands (Eggsed of. Sd/— Dhirendra Mishra Judge