This order permits condonation of delay in filing Misc. Appeal No.655 of 2016 and allows the restoration of Misc. Appeal No.1100/2004 to its original number after hearing counsel for the applicants.
Condoned the delay in filing the MCC and restored Misc. Appeal No.1100/2004 to its original number.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No.655 of 2016
No.2 to 4 are minor, through natural guardian mother Smt. Shakila Begam, all are resident of Balmukund School Road, Talapara, Sanjay Nagar, Bilaspur (CG).
Versus
---- Non-applicant
For Applicants
: Shri A.L. Singroul, Advocate
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
09/09/2016
(1) Heard on I.A. No.01 i.e. application for condonation of delay in
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filing the MCC.
(2) On due consideration, I am satisfied that the applicants have succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01 is allowed. Delay in filing the MCC is condoned.
(3) Learned counsel for the applicants is heard on restoration application.
(4) The applicants are seeking restoration of Misc. Appeal No.1100/2004 which was dismissed for want of prosecution vide order dated 18.12.2013.
(5) On due consideration of the submissions of the learned counsel for the applicants and the grounds taken in the restoration application, I am satisfied that the absence of the applicants' counsel on 18.12.2013 when Misc. Appeal No.1100/2004 was taken-up for hearing was based on bonafide grounds.
(6) Accordingly, M.C.C. No.655/2016 is allowed and Misc. Appeal No.1100/2004 is restored to its original number.
Sd/-
(Sanjay K. Agrawal) Judge
L/-
2 issues framed by the court
Whether the delay in filing the Maintenance and Custody Case (MCC) should be condoned.
Whether the Misc. Appeal No.1100/2004 dismissed for want of prosecution should be restored.
Smt. Shakila Begum
Ku. Sabina
Mohd. Isrile
Mohd. Ijrile
Mohd. Mustak
Smt. Halima Begam
Justice Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
