BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) 'BEjiigii® l«i;8SI(;jif M.C.C. N0.1^ /2006 (ARISING OUT OF THE S.A. N0. 464/2005) APPLICANT ..••"\n\£ ^Samaliya Ram, aged about 55 ..-•'V, \e ^iamaiiva xam, a? ..^f'J-"'""" '..•• years, son of Shri Beer Singh .i5f\i<A!;' /l.^ Dewangan, Cultivator, resident of ^W}.^ ,r3<y'/ ^/. ^y. ^" A.-'' RESPONDENTS -/. t/^a.^^^ ^ "^^'"^Y ^. '^^.^(Ti ^'^.^^. 1 ^, :^'N. ^ .^' ^ vf^^'^6s>'./ "%,' <3 '< <f¥--^y of vitlage Navagaon, TahsU Kurud, Distt. Dhamtari (C.G.) VERSUS Kusiim Bai, D/o. Pardeshi Ram Gond, aged about 46 years Geeta Bai, D/o. Pardeshi Ram, aged about 36 years, Both are resident of Jhuniapara, Kankar, Tahsil and Distt. Kanker (C.G.) Sub Divisional Officer, Patan, Office situated at Patan, Distt. Durg (C.G.) A. State of Chhattisgarh, through Collector Durg, Distt. Di.u-g (CG) 3. A^ICATQON POR RESTQRATION SECOND APPEAL N0. 464/2005. DISMISSEDJNDEFAULT ON 7^2.2005 ii-niL--. • ^a? '^MM«:^ sn^'^1 FiWSD^T s^+ii'^ ^ifta ^.^^.^^^^ 3iK?r'^raTW:^ri??f qipifeNN wiaT •?.f®3tWT?R ^7 3]1?gil 311^1 25.04.200e Shri N.S.Dhurandar, iearn^d counsel forihe appiicant. Shri Akhil Agrawal, learneci Heard. The applicant has prefeij 07.12^005 for non prosecution. preferred with a delay of 83 day 529/2006 for condoriation of dela' P.L. forthe State/resp. No.4. ed this appiication for restbration of Second AppeaINo. 464/2005 vj/hich was dismissed by thisCourt on Since the instant application has been ^, another appiicatibn being M.C.P. No. 'f has also beenflled which Is supported byanafRdavitofthecou.nselforthjeapRlicant. ; Heard on !V!.C.P. No. 529/2)006 application for condonation of delay in filing the instant appKcation. | For the reasons mentipnep in the said application, the same is allowed and the defay in filing the |nstant application is condoned. Aiso heard on the applicaticjn for restoration. Learned counsel forthe apjjiiicant submits that the matter was listed on 07.12.2005 however.thecoun^el could not be present when the case was ca!ted as he was appearing b^fore the other Bench. Taking into consideration tl^e reasons assigned for non appearance on 07.12.2005, the instent applicqtion is aliowed and theS^cond Appeal 'S . -_. L '^-.__ .' . . - .' 464/2005 which was dismi^sed on 07.12.2005 isordered to be restored t6 its original numbersui|)ject to payment of penaity of Rs. 'tOO/- payable to the Secretary, High Coi|irt Legal Aid Committee, Bilaspur. Sd/- Dhirendra Mishra Judge