® HIGH COURT OF CHHATTISGARH AT BILASPUR Application for restoration of Second Appeal No‘538l1 994 Present: Shri F. S. Khare, counsel for the applicants. QRAL ORDER (Passed on this 2"“ day of April, 2MB) Heard on l.A.l\lo.1, which is an application for oondonation of delay .,.« in hling the M.C.C. (2) Although in the application, it has been mentioned that the delay of 73 days has occurred, yet, on oomputation it has found that delay of 12 daya has oecurred in filing the M.C.C. Sinqle Bench : Hon’bie Shri Dilip Raosaheb Deshmukh, J. M.C.c. N0:282I200? Applicants 1. Zahoor Sio Ajeem, aged about 60 years, 2. Shakoor Slo Ajeem, aged abcut 55 § years, \‘ \ 3. Kabulan‘Bi, D/o Ajeem, aged about 5? ‘ years, w‘ 4 Sakridan Bi, D/o Ajeem, aged about 65 .r years, 5. Safeedan D/o Kajroo Khafu, aged about 40 years, 6. Bakridan Bi, D/o Kajroo Khan, aged about 45 years. AH Lrs. Of original plaintiff Nabboo Khan Slo Samundar Khan, Caste- Muaalman, Occupation Cultivation, Rio Gram Keradih, Tah. Kunkuri, District Raigarhl‘lashpur nagar) (C.G.} versus Respondent Ujjain. Khan $10 ‘Kajrco Khan, aged about 60 years, Caste Musalman, Occupation-Raj Mistri and cultivation, Rio Jashpur nagar, Mohalla Bhagalpur, Tan. Jashpur nagar, District Jashpur Nagar (Raigarh) (3G) @ (3) For the reasons mentioned in thé appiication, it is albwed and the delay in ming the M.C.C, is condoned. (3) Heard on M.C.C, (4) On 17-04-2007, in Second Appeai No.588/I1994, on a prayer being made by learned counsei for the appeiiants for grant of last opportunity to pay process fee for issuance of notice to the respondents, it was ordered that steps be taken within a week, faiiing which this appeai shall be liable to be dismissed without any further reference to the Bench. ln View of the peremptory order dated 17-04-2007, on 19-06-2007, the Additional Registrar (Judicial) treated the appeal as dismissed. $hri F. S. Khare, learned counsel for the appticants submits that steps were taken on O1 415-2007. (5) ln the facts and circumstances mentioned above, M.C.C.No.282t2007 is allowed subject to deposit of cost of Rs.500l- with the High Court Legal Aid Committee w‘rthin a period of 7 days from today. Upon such depos‘rt being made, the M.C.C. shalt be treated as altowed and Second Appeal No.5$6f1994 shall stand restdred to tile and be listed. Tumane // Sd—/ saheb Deshmukh Judge r l Dilip R80