Allowed¶38

Nand Kishore Choubey (Since Dead) Through Legal Representatives, Smt. Manju Choubey, v. Ganiram

Chhattisgarh HC15 Oct 2024MCC/135/2020

Case brief

AI extract

What is this about?

condonation of delay; 156 days; restoration of second appeal dismissed for default/non-compliance of peremptory order dated 05.07.2019; wrong appeal number recorded (35/2015 instead of 35/2005) in acknowledgment Annexure A/2; application filed 17.07.2019 within time up to 18.07.2019; Chhattisgarh High Court Bilaspur; MCC miscellaneous case; legal representatives of deceased original appellant; Kawardha (Kabirdham); Village Khapri respondents; State of Chhattisgarh through Collector Kabirdham.

What did the court decide?

Condonation of the 156-day delay in filing the MCC, and restoration of Second Appeal No. 35/2005 to its original number for hearing and disposal in accordance with law. ¶38

Nand Kishore Choubey (Since Dead) Through Legal Representatives, Smt. Manju Choubey, Vs Ganiram — Chhattisgarh HC (2024) — LawSathi Research

1 / 3

2024:CGHC:40718

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 135 of 2020

¶5

Nand Kishore Choubey (Since Dead) Through Legal Representatives,

¶6

1 - Smt. Manju Choubey, Wd/o Late Nand Kishore Choubey Aged About 49 Years R/o Ward No. 8, Mathpara, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶7

2 - Ku. Manisha Choubey D/o Late Nand Kishore Choubey Aged About 26 Years R/o Ward No. 8, Mathpara, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶8

3 - Vivek Choubey S/o Late Nand Kishore Choubey Aged About 23 Years R/o Ward No. 8, Mathpara, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶9

---- Applicants

¶10

versus

¶11

1 - Ganiram S/o Jodhan Chandravanshi Aged About 40 Years R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶12

2 - Maniram S/o Govardhan Aged About 46 Years R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶13

3 - Dhaniram S/o Goverdhan Aged About 43 Years R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶14

4 - Bhoori Bai Wd/o Indal Chouhan Aged About 35 Years R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶15

5 - Hagroo S/o Ramu Chouhan Aged About 35 Years R/o Village Khapri, Tahsil Kawardha District : Kawardha (Kabirdham), Chhattisgarh

¶16

2 / 3

¶17

6 - Santosh (Minor) S/o Indal Chouhan Aged About 10 Years Through Their Legal Guardian - Mother Bhoori Bai, Being Minors, R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶18

7 - Saraswati Bai (Minor) D/o Indal Chouhan Aged About 8 Years Through Their Legal Guardian - Mother Bhoori Bai, Being Minors, R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶19

8 - Durpati Bai, (Minor) D/o Indal Chouhan Aged About 5 Years Through Their Legal Guardian - Mother Bhoori Bai, Being Minors, R/o Village Khapri, Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶20

9 - Triveni Bai W/o Bhulau, R/o Village Khapri, Tahsil Kawardha District Kabirdham Chhattisgarh

¶21

10 - Sumant Prasad Choubey S/o Late Tilak Prasad Chaubey Aged About 65 Years Retired Principal, R/o Mathpara Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶22

11 - Bhondu @ Ram Sharan Prasad Choubey, S/o Late Tilak Prasad Chaube Aged About 60 Years R/o Agari Near Village Dashrangpur, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

¶23

12 - Dr. Laxmikant Choubey S/o Late Tilak Prasad Chaubey Aged About 55 Years R/o Government I Hospital Premises, Raipur Kawardha Chhattisgarh.

¶24

13 - State Of Chhattisgarh Through The Collector Kabirdham (Chhattisgarh)

¶25

---- Non-applicants

¶26

(Cause-title taken from Case Information System)

¶27

------------------------------------- For Applicant	------- : Mr.	----------------------------------- Udit Khatri, Advocate
For Non-applicant-State	: Mr.	Sharad Mishra, Panel Lawyer

¶28

SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

¶29

16.10.2024

¶30

1. Heard on IA No.01, which is an application seeking

¶31

3 / 3

¶32

condonation of delay in filing the application for restoration of Second Appeal No.35/2005.

¶33

2. For the reasons stated in the application, the same is allowed and the delay of 156 days caused in filing the instant MCC is hereby condoned.

¶34

3. With the consent of the parties, heard finally.

¶35

4. This MCC has been filed seeking restoration of SA No. 35/2005, which was dismissed for non-compliance of this Court’s peremptory order dated 05.07.2019.

¶36

5. Learned counsel for the applicant submits that vide order dated 05.07.2019, time up to 18.07.2019 was granted to file application, which he had already filed on 17.07.2019 i.e. one day prior to the last date of filing the application, however, as apparent from the acknowledgment of receipt at Annexure A/2, the Second Appeal number has wrongly been mentioned as 35/2015, instead of 35/2005.

¶37

6. In that view of the matter, the Second Appeal No.35/2005 is restored to its original number for its hearing and disposal in accordance with law.

¶38

6. Accordingly, the MCC is allowed .

¶39

Sd/- (Sanjay K. Agrawal) Judge

¶40

@d!t!

Nand Kishore Choubey (Since Dead) Through Legal Representatives, Smt. Manju Choubey, v. Ganiram

Case brief

What is this about?

What did the court decide?

Nand Kishore Choubey (Since Dead) Through Legal Representatives, Smt. Manju Choubey, v. Ganiram

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pritam Das Chouhan Vs State Of Chhattisgarh

Chain Singh Uikey Vs State Of Chhattisgarh

Vikram Singh Vimal Vs State Of Chhattisgarh

Smt. Prabha Ekka Vs State Of Chhattisgarh

Lachhindar Baghel Vs Shri Uttam Kumar Gupta

Ramphal Kenwat Vs Kunwar Singh (Now Dead) through Lrs.