HIGH COURT OF CHHATTISGARH AT BILASPUR Coram : Hon'ble Shri T.P.Sharma and Hon'ble Shri R.L.Jhanwar. JJ Applicants M.C.C. No. 336/2009 1. Amen S/o Sunder aged about 53 years (dead) 2. Mokadi, S/o Sunder aged about 50 years (dead) Both cultivators and R/o Village Girari Tah. & District Bilaspur, M.P. (Now C.G.) Both dead through LRs. 1a. Belasiya Bai, Wd/o Amen, aged about 75 years. 2a. Rupatiya Bai, Wd/o Mokadi, aged about 70 years. 2b. Sakhan Singh, S/o Mokadi, aged about50 years. 2c. Ramprasad, S/o Mokadi, aged about 45 2d. Puran Singh, S/o Mokadi, aged about 38 years. All R/o Village Girari Tah. & District Bilaspur(C.G-) Versus 1. Amratiya Bai, D/o Hora aged about 60 years, r/o Village Girari Tah. & District Bilaspur, M.P. (Now C.G.) 2. State of M.P. (Now C.G.) through the Collector, District Bilaspur, M.P. (Now C.G.) APPLICATION FOR RESTORATION OF SECOND APPEAL N0.133 OF Non-applicants 1995 Present Shri Yogendra Chaturvedi, counsel for the applicants. Shri N. Naha Roy, P.L. for the State/respondent No.2. ORAL ORDER (Passedon11 Sept.,2009) The following oral order of the Court was delivered by T.P.Sharma,J. h"NN^t Heard on I.A.No.1 for condonation of delay of 718 days in filing the M.C.C. for restoration of Second Appeal 133/1995 dismissed on 25.07.2007 for want of non-prosecution. 2. Counsel for the applicants submits that original appellants - Amen and Modai have filed a Second Appeal against Amratia Bai and State of M.P. in the year 1995. Amen has died on 13.11.1997 and Mokadi has also died in the year 2003. After receiving the appeal from the High Court of Madhya Pradesh, no intimation has been given to the appellants/applicants or their legal representatives, therefore, they have not filed any application in the Second Appeal and the present application for restoration has been filed afterdelayof718 days of its limitation. 3. In this view of the matter and in peculiar facts and circumstances of the case and also the fact that both the appellants/applicants have died, we are of the view that present applicants (legal representatives of the deceased applicants) have satisfactorily explained the delay in filing the application for restoration and I.A.No.1 for condonation of delay in filing the M.C.C. is allowed. 4. Also heard on M.C.C. for restoration of S.A.No. 133/1995. 5. For the reasons mentioned in the application and the fact that both the applicants/appellants have died, we are of the view that present applicants (legal representatives of the deceased applicants) have shown sufficient cause for restoration of S.A.No.133/1995, M.C.C. is allowed and the Second Appeal No. 133/1995 dismissed vide order dated 25.07.2007 is restored to its original number and it be now listed. 6. No order as to costs. Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge ^