—1111II I I « aio Qmm ^ c /^, IN THE HIGH COURT QF CHHAmSGARH AT BILAPUR W.P.NO. 'SBS^ /2004 PETITIONER Nanki Bai, wife of - Rajnath, aged about 64 years, R/o. village - Sarmana, Tah. Sitapur, Distt. Surguja (Chhattisgarh) VERSUS RESPONDENTS .J.^X ~fi1 ^•'""T^"'"-..^"' p-^^^ ^6^1" v^' <y\ ^ ^^e^ Hirmaniya, wife of Gangal Sai, aged about 62 years, resident of village Boda, Tah. Sitapur, Distt. Sarguja (CG) Champa, son of Satyanarayan, aged about 24 years, resident of Boda, Tah. Sitapur, Distt. Surguja (CG) 3. State of Chhattisgarh, through The District Collector, Surguja, Ambikapur (CG) Smt Sonapati, daughter of Mangal Sai, aged about 40 years, Caste-Kanwar, Resident of village Boda, Khamharpara, P.S. Batauli, Tah. Sitapur, Distt. Surguja (CG) WRIT PETITION UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA. fflGH COLTRT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble-Shri Prashant Kumar Mishra PETITIONER RESPONDENTS Writ Petidon No. 3833/2004 NanldBai Versus Hirmaniya and others Appearance: Shri Sanjay Agrawal, counsel for the petitioner. Shri Rahul Mishra, counsel for respondents No.l, 2 & Shri Vinod Tekam, Panel Lawyer for respondent No.3. WRIT PETITION UTMDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORAL ORDER (4.05.2 By order Annexure P-1 passed by the 5 Additional District Judge (F.T.C.) Ambikapur, the First Appellate Court has dismissed the petitioners' application under section 5 ofthe Limitation Act for condonation of delay in presenting the appeal and as a consequence the first appeal itselfhas been dismissed. (2) Against such an order passed by the First Appellate Court, the second appeal is maintainable under section 100 of CPC, therefore the instant petition under article 227 of Constitution of India is not maintainable. (3) The instant petition therefore deserves to be and is hereby dismissed. Counsel for the petitioner prays for retuming the certified copy of the order passed by First Appellate Court to enable him to prefer a second appeal in this Court. (4) Office is directed to retum the certified copy (Annexure P-1) to le counsel foi- the petitioner on supply of xerox copy of the said order to be kept in the record ofthe writ petition. I x ^ 1 sstf% 1 '• -'-•••-ff^ ^e ^ (5) The petitioner, if so advised shaU be at liberty to prefcr the second appeal in-accordance with law. —-——--______ Sd/- Prashant Kumar Mishra Judge