HIGH COURT OF CHHATriSQARH AT BILASPUR bJVISIONBENCH CORAM: HON'BLE SHRI RAJEEV ©UPTA,C.J. & HON'BLE SHRISUNIL KUMARSINHA. J. APPELLANTS ^. M.C.C.No.323of2008 1, Smt Mushi bai W/o Shri Nandtal Gurung, aged about 45 years, 2. Shri Nandlal Gurang, S/o Shri late Utpal Gurung, aged 60 years, 3. Budhmaya Gumg, S/o Shri Nandlal Gurung, aged about 30 years, 4. Sukmaya S/o Nandlal Guru, Aged 26 years 5. Raja Gurung. S/o Shri Nandlal Gurung, aged 25 years, 6. Ku. Shankuntala D/o Shri Nandlal Gurung, 7. Ku. Meena D/o Shri Nandlal ©urur^,aged 14 years, through Guardian mother Smt Mushibai. RESPONDENTS All residents of Gudhiyari /tehok Magar, Raipur, Tahsil and Distt. Raipur (C.G.) Versus 1. Jhadiram Sahu S/o Shri Flranta Sahu, R/o Ashok Nagar, Gudhiyari, Ralpur, Distt.Raipur(M.P.) 2. Baklev Prasad Shukla S/o Shri Devi Prasad Shukla, R/o Ganjpara, BansTall RaipurDJstt.Raipur(M.P.) 3. M/s Jayaka AutomobBes and Finance Private Limited, G.E. Road, Raipur, Distt.Raipur(M.P.) 4. The New Incfta Insurance Corapany Limited, Through DMsional h4anager, Second Floor. Raipur Developmwt Authority Bajrang Warket, G.E. l^)ad, Raipur, Dlstt. Raipur (M.P.) ApDlication for Restoration ofthe Miscellaneous Aopeal (Claiml Present: Shri Ravish Verma, counsel for ttie petitjonere. /K?" .<' ^ ^. 1 ^•^ny .^-••tirt'?^ Q.-^ Shri N.K. Agrawal, Senior Advocate with Shri Q.AZJZ, Advocate for respondent No.4. ORDER (22nd September. 2808) The following order of the Court was pas^d toy Rajeev Gupta, C.J. Leamed counsel for the parties are heard on t.A. No. 01/2008, a petition for condonatlon of delay in flling the restoration petition. 2) On due consideration, we are satisfied that the petittonere have succeeded in showing suffteient cause for the delay in filitig the restoration petition. ^ 3) I.A. No.01/2008, therefore, is allowed and the detay in filing the restoration petltion is hereby condoned. 4) Leamed counsel for the parfles are heard on the restoration petition. 5) The petitioners are seeking restoration of M.A. No.340/2000, whteh was dismissed for want of prosecytlon vlde orderdatted 22-07-2008. 6) On due consideratlon of the sufamisstons of leamed counsel for the parties, we are satisfied that the absence of the petitioners'/appetlants' counsel on 22-07-2CX)8 wten MA. No.340/2000 was taken up for heaning, was based on bona ftde grounds. 7) M.C.C. No. 323/2008, therefore, is altowed and M.A. No.340/2000 is restored to its original number^ Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge ^