..^.l..,.^.^.^.^:^t.' ,1-°1 ^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DiViSiON BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRS T.P. SHARMA, J. APPLJCANT RESPONDENTS JVI.C.C.No. 205 of 2009 Mrs: Saiene Khalkho, W/o. Niranjan Khalko, Teacher Chhattisgarh Pubiic Schooi; R/o. ViEiage Jhabar, Basahat, Tahsll Katghora distt. Korba (C.G.) Versus 1. F\liranjan Khatkho, S/o. Prem Prakash Khaikho, aged about 49 years, R/o. Deepka Colony, Qtr. No. M/634, Tahsi! Katghora, Distt. Korba (C.G.) 2. iiiusis Ekka, S/o. M. Ekka, aged about 36 years, R/o. M.D. 799 Deepka Colony, Tahsil Katghora, Distt. Korba (C.G.5 APPUCATiON FOR RESTORATSON OF F.A. (Ml N0.70/2007 Present: Shri Sudhir Verma, learned counsei for the petitioner. None for respondent No.1 though served. Shri Manoj Chouhan, iearned counsel for respondent No.2. ORDER (15tn September, 2009) The foilowing order of the Court was passed by Rajeev Gupta. C.J.: Learned counsei for the parties are heard on I.A. No.01/2009, an application for condonation of delay in filing the restoration petition. 2. On due consideration of the submissions of learned counse! for the parties and the grounds taken in the application; we are — k satisfied that the petitioner has succeeded in showing sufficient cause for the delay In filing the restoration petition. 3. I.A. No.01/2009, therefore, isallowed and the deiay in filing the restoration petition is hereby condoned. 4. Learned counsel for the parties are heard on the restoration petition. 5. The petitioner is seeking restoration of F.A.(M) No.70/2007, which was dismissed for want of prosecution vide order dated 13.08.2008. 6. On due consideration of the submissions of iearned counseS for the parties and the grounds taken in the restoration petition, we are satisned that the absence of the petitioner's/ appeliant's counsef on 13.08.2008 when F.A.(M) No.70/2007 was taken up for hearing, was based on bona fide grounds. 7. M.C.C. No. 205/2009, therefore, is allowed and F.A.(M) No.70/2007 is restored to its original number. 8. Certified copy of the order today as per rutes. Sd/- Chief Justice nimmi Sd/- T.P. Sharma Judge