I /;. HSGH COURT OF CHHATTiSGARH AT BILASPUR Slnale Bench : Hon'bie Shri Dlllp Deshmukh. J. ADpSicant/ Aeeejlant / iVS.C.C.NG.70of20G§ Smt. 'Kamla Bai, aged about 42 years, wifs of Kamal Kumar Dewangan, R/o Karbala Road, Juna Biiaspur. behind Kumharapara primary School, BJIaspur (C.G.) Versus s^osi'-appticante Respondents 1. Radhe Shyam Shau, aged about 40 years, S/o B.R.Sahu, Advocate. Biiaspur. 2. Harish Chand Dewangan, aged about 65 years, S/o Govind Prasad Dewangan, R/o Karbala Road, Juna Bilaspur, behind Primary Sohool, Bilaspur (C.G.) (Slnce dfed} 3. Manager. Nagrik Cooperative CommerctaJ Bank Limjted, Go! Bazaar, Bilaspur (C.G.) APPLiCATSON FOR RESTORATION. ARiSING OUT OF SECOND APPEAL N0. 439/2005 DISMISSED ON 16.02.2009 FOR NON-PROSECUTION Present : Shri Saifuddin Rajas, counsel for the appticant. None appears for non-applteant No.l-Radhe Shyam Sahu. ORAL ORDER (Passed on 11" May, 20^) Report has been received that non-appiieant No.2 - Harish Chand Dewangan is dead. Shri Saifuddin Rajas. tearned counsei for the appiicant aiso submitted that an application was moved by both the parties in Second Appeai No. 439/2005 for deleting the name of Harish Chand Dewangan from the cause title on account of his death. 2. Respondent No.3 is not yet sewed. 3. TTils M.C.C. arises out of an order dated 16.02.2009 passed in Second Appe-al No. 439/2005 which was dismissed in defautt ofthe applicant ^vho was the appellanVplaintiff. Whiie dismissino the Second Appeal No.439/2005, it was further ordered that stay ordered on 28.11.2005 stands vacated. Notice ofthis M.C.C. as also on I.A.No.1 for grant ofstay was ordered to be issued on 24.02.2009. The applicant has filed an affidavit of one Advocate Nisar ^ Khan which shows that on 04.03.2€X)9the non-applicant No.1 had refused to' take notice. 4. Notice sent by ordinary eourse to non-applieant No.1 has been returned with the endorsement that non-appiicant No.1 was not available. 5. In the application for restoration of Second Appeal No. 439/2005, it h-as been mentioned that when the matter was cailed Shri Saifuddin Rajas, iearned counsel for the appeiJanS/piaintiff had gone to Pendra Road to attend a iong pending Civil Case and had instructe^ his junior Shri Nisar Khan to appear. However, when the matter was caiied, Shri Nisar Khan was not present as he had gone to enquire some matter in the regsstry. 6. Shri Sasfudclin Rajas, iearned counsel for the applicant was atso heard on interiocutory Appiication No.1 for grant of stay. 7. Since sufficient cause for non-appearance on 16.2.2009 has been shown. the M.C.C. is allowed. S.A. No.439/2005 is restored to fsle ancS be now iisted. 8. Upon i.A.No.01 for grant of stay, it is ordered that status quo in relatjon to the possession of suit house as it exlsts today shall be maintasned till further orders. C.c. today. Sd-/ Dilip Raosaheb Deshmukh Judge