The Division Bench dismissed an application for the restoration of a dismissed Civil Miscellaneous Petition. The Court held there was no substantial ground to allow restoration after a delay of about 13 years.
Petition for restoration and other interim applications were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DST THEHON'BLE fflGH COURT OF CHHATTISGARH AT BILASPUR
w'vlwv
M.C.C.NQ. _LOS.5f20U
APPLICANTS 1..^ Smt. Duwasia Bai, W/o Late Surit Ram PETmONERS N0. N0. Gond, aged about 67 years, R/o Village 1T09 Khaira (Jairam Nagar), Tahsil Bilaspur, Civil & Revenue Distt. Bilaspur, (C.G.) §mt.Gomti Bai, W/o Medidal, aged about ,.^ ^V^^y~ 50 years, D/o Late Surit Ram Gond, R/o t'*"\ *t-ilt^h\^c TT^^4-l-^+^T^—n.Haathitikra, TahsilT'^t./^^T Bilaspur,T>J1n.^.«-^^«- Civil^~1.'^^ & •^,^ . ''•'"..<^ ^'^^ Revenue Distt. Bilaspur (C.G.) ^ 3. .Smt. Konti Bai, W/o Bhagwat, D/o Late .eif' ^••'u"?„.(;?»**' ... Surit Ram Gond, aged about 43 years, R/o Ram Gond, aged about 43 years, R/o Gond, aged about 43 years, R/o aged about 43 years, R/o about 43 years, R/o 43 years, R/o years, R/o R/o
APPLICANTS PETmONERS N0. N0. 1T09
.Smt. Konti Bai, W/o Bhagwat, D/o Late Surit Ram Gond, aged about 43 years, R/o Ram Gond, aged about 43 years, R/o Gond, aged about 43 years, R/o aged about 43 years, R/o about 43 years, R/o 43 years, R/o years, R/o R/o Bandhu Para, Tahsil & Distt. Bilaspur (C.G.)
/Smt. Upsahin Bai, W/o Doojram, D/o Late Surit Ram Gond, aged about 40 years, R/'o Village Tekar, Tahsil & Distt. Bilaspm
(C.G.)
^ ..6.
Goinat Ram, S/o Late Surit Ram Gond, aged about 48 years,
MantRam, S/o Late Surit Ram Gond, aged about 45 years,
.^3«^'K-aflash, S/o Late Surit Ram Gond, aged about 36 years,
Govardhan, S/o Late Surit Ram Gond,aged about 32 years,
9,
Parwat, S/o Late Surit Ram Gond, aged about31 years,
No. 5 to 9 All R/o Vfflage Khaira (Jairam Nagar), Tahsil & Distt. Bilaspur (C.G.)
VERSUS
NON-APPLICANTS:
•RESPONDENTS
^Lft*^.
"SSSBUSSSM
iw^?:-?:"^;
^" Hinchha Ram, S/o Raghoram (Died) Neelkanfh, S/o Baliram (Died)
(Separate applieation for substitotion of legal representatives of the deceased nonapplicaats is filed alongwith this petition.) Sub Divisional OfGeer, (Civil),
Bilaspur (C.G.)
The Addl. Collector, Bilaspur (C.G.)
1-^..
PETITIONERSNO. 7.
1T09
y
10.
11.
Smt. Bhagwati, W/o Late Itwar Singhaged about 65 years,
Maugloo, S/o Late Itwar Singh, aged about
35 years,
Jhangloo, S/o Late Itwar Singh, aged about 33 years,
Ku. Durpati Bai, D/o Late Itwar Siagh, aged about 28 years,
No. 7to 11 aU R/o ViUage Khaira (Jairam Nagar), P.S. Masturi, Tah. & Distt. Bilaspur (C.G.)
,omoi(,
;'/"^
13.
14..
15,
Smt. Beeras Bai, W/o Shiv Narayan Gond, aged about 55 years, R/o Vfflage Fadha, TahsU Bilha, Distt. BUaspur (C.G.)
Smt. Bireej Bai, W/o Ghurau Gond, aged about 53 years, R/o Village Pondi, Tahsil Bilha, Distt. Bilaspur (C.G.)
Binda Bai, W/o Puni Ram Gond, aged about 51 years, R/o Vfflage Kua, TahsU BUha, Distt. Bilaspur (C.G.)
Smt. Chhinda Bai, W/o Bahoran Gond,aged about 49 years, R/o Seepat Chowk, New Srkanda, Bilaspur (C.G.)
APPLICATION FOR RESTORATION'^ OF TTffi MISC. PETmONNo. 2705/1986.
"i^'A.
^
IN THE HIGH COURTOF CHHATTISGARH, BILASPUR
DIVISION BENCH
HON'BLE MR.T.P. SHARMA. & HON'BLE MR. I.S. UBOWEJA. JJ
M.C.C.No. 1025 of 2014
Applicants
Smt. Duwasia Bai and other.
versus
Non-applicants Khamhan and other. Respondents
APPLICAT510N¥@RRES'TOFjOTGfN ©EMISC. PETITION No. 2705/1986 a !
s^ppearance:
Mr. Ravindra Agrawal, counsel for the applicants.
j_G R D E R T(B7?<01.2015)
T.P. SHARIVTA, J
This is petitiGin|;fort!Festoiiaj:tai|i of Misc. Petition No.2705/1986, dismissed forwan£Qt,pros^cutionvide order dated 17.06.2002
reserving libertyto reviveif cause ofaction survives.
Learned counsel for the applicants submits that on 07.11.2014 legal representatives of respondents No. 1 and 2 have filed some petition before the S.D.M., which gives cause forfiling of this petition.
:M'it^ ¥-w:'''"-.
2
costs.
Vijay
Sd/SdfT.P. Sharma InderSinghVI Judge Judge
1 issue framed by the court
Whether the contempt/civil petition seeking restoration of a dismissed petition filed after a long delay should be allowed.
Smt. Duwasia Bai and others
Khamhan and others
T.P. Sharma
I.S. Uboweja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
