^^^^^^^^^1 IN THE HIGH COURT OF CHHATTISGATH AT BILASPUR (M.C.C.No. ...5..tlD.....,./201ll (Second Appeal No. 73/2002) APPELLANT APPLICANT PLAINTIFF NON-APPLICANTS RESPONDENTS DEFENDANTS Chintarani Pandey, S/o Gaya Prasad Pandey, aged about 67 years, R/o Jewar, 'P.O. Raka, Tahsil- Bemetara, Distt. Durg (Chhattisgarh) VERSUS 1. Kanti~t>ai, W/o Ramsnehi Sharnia aged about 55 years, R/o Ghasidas Nagar, Near Firewood Stall, nandani Raodjamul, P.0. Bhilai, Distt. Durg (Chhattisgarh) 2. Smt. Saraswatibai, W/o Jhabulal Tiwari, aged about 52 years, near Jairi Mandir, Baniya para, Distt. Durg (Chhattisgarb) 3, Srat. Kamalbai, aged about 45 years, , W/o Shri Rajendra Prasad Choubey, In front of Dewangan Aaramil, Sailatapara, Tah and P.0. Simga, Distt. Raipur (C.G.) 4. Sanat Kumar, aged about 24years, S/o Gokul Prasad, Cultivator and R/o Vill, Kiritpur, Tah. Beria Post Qffice Raka, : Distt. Durg (C.G.) ; . 5. Ramadhin, aged about 28 years, S/o Shri Jagatram • Sahu, Cultivator and R/o Kiritpur, Tahsi. Berela, Distt. Durg (C.G.) 6. Takha(hram, aed about 14 years, S/o : Hiraram, R/o Gadariya, minor through: his guardian father Hiraram, S/o Bodhi Gadariya, Cultivator and R/o vill, Kiritpur, Tahsil Barela, Distt. Durg (Chhattisgarh) 7. ^ Banshilal, aged about years, S/o Shri Dharam Singh Sahu, Cultivator and R/o vill. Kiritpur, Tah - Besla, Distt. Dur^ .(C.G.) 8. Sanjay Kumar,aged about 15 years, 9. Kirde Ramagedabout 13 years, Sl. No. 8 85 9 are minors, represented through their natural guardian father Lalooram, S/o Bodhi Gadariya, Village Kiritpur, Tah. Besla, Distt. Durg (C.G.) 10. Bise Narayan, aged about 30 years, S/o Radhe Yadav, Gultivator, R/o vill. Kiritpur, Tahs. Besla, Distt. Diirg (C.G.) 11. Deen bandhu, aged about 31 years, 12. Chintaram, aged about 25 years, Both Resp No. 11 SE 12 sons of Dheluram, Cultivator, R/o Village Kiritpur, Tahs. Besla, Distt.Durg (Chhattisgarh) 13. Mohit, aged about 24 years, 14. Benuram, aged about 20 years, Both Resp No. 13 8s 14 sons of Chabiram Sahu, Cultivator, R/o Kiritpur, Tahsil Barela, Distt. Durg (Chhattisgarh) 15. Rainlal, aged about 45 years, S/o Sukalu Sahu, Cultivatpr R/o Kiritpur,Tah. Barela, Distt. Durg (Chhattisgarh) 1,6. Saraju Prasad, aged about30years, . . 17. Saraju, aged about 24 ye.ars, Both S/p Bhagbali Nishad,Gultivator,R/o Village Ku-itpur, Tah. Berla, Distt. Durg (Chhattisgarh) : 18. State of Chhattisgarh, Through: Collector Durg. APPLICATION UNDER ORDER 41 RULE ll(2) READWITH RULE - 19 QF THE CODE OF CIVIL PROCEDURE FOR KESTORATION OF SECOND APPEAL N0. 73/2002, WHICH WAS DISMISSED IN DEFAULT FOR WANT OF PROSECUTIQNOIL 17.03.2010 BY THE HON'BLE SINGLE BENCH ^'riy,,' -•..''•'' ''fp s^n':'Ki:- -T=i7 ^JT^,^-r?^ •^W^, fSTrTOTp: (A.vx^. ^4-0 ^.^.....................77.....-..,..>......^..:.I..^.^^QQ C3) 311^1 •W^'itsp j 'iWI Sfi^I W»iW sn^i ^Eff (• VRHW •flfitH W^I •Oi'raifnf^n •qini-ff ^ •fayi Tf5'?7T< ~% sffw ariyi Hon'ble Shri Prashant Kumar ]\^ishra. J. 18.08.2011 Shri Jitendra Nande, counse| for the applicant. Shri Ajay Dwivedi, Dy.G.A.I Heard on I.A. No. t* for c^ndonation of delay in filing the restoration application. For the reasons assigned in that the applicant has been able fo explain the delay in filing the restoration application. I.A. No.l for condonation ofjdelay is allowed. Also heard on application fcjir restoration of S.A. No.73/2002, which was dismissed for want ofp^ restoration application, this MCC i The order dated 17/03/2010 is recalled. S.A. No.73/2002 is restored for the State. application, this court is satisfied osecution on 17/03/2010. On due consideration and for the reasons mentioned in the 1 allowed. (;o its original number. Sd/- Prashant Kumar Mishra Judge °t^ y^^w ^'-^ff^W^, ^T^T-Tt^^—FS/.!40—?/2Cii'—3,50.000.