Firan (Since Deceased) through Lrs Mahasingh Vs Tulsa Bai — Chhattisgarh HC (2025) — LawSathi Research

Firan (Since Deceased) through Lrs Mahasingh Vs Tulsa Bai — Chhattisgarh HC (2025) — LawSathi Research

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(MCC No. 121 of 2021)

2025:CGHC:1515

NAFR

Digitally ADITI signed by DIWAN ADITI KAIWART DIWAN KAIWART

HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 121 of 2021

Firan (Since Deceased) Through Lrs

1 - Mahasingh S/o Late Firan Aged About 50 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

2 - Lachchan S/o Late Firan Aged About 48 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

3 - Ashok S/o Late Firan Aged About 45 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

4 - Panchu S/o Late Firan Aged About 42 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

5 - Dulari Bai Wd/o Late Taran Verma (S/o Firan) Aged About 55 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

6 - Anjor Singh S/o Late Taran Verma (S/o Late Firan) Aged About 30 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

7 - Parmeshwar S/o Late Taran Verma (S/o Late Firan) Aged About 26 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

8 - Ramesh S/o Late Taran Verma (S/o Late Firan) Aged About 24 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

9 - Faleshwari D/o Late Taran (D/o Firan) Aged About 16 Years Minor Through Natural Guardian Mother Chaiti Bai, R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh

10 - Chaitibai Wd/o Late Firan Verma Aged About 64 Years R/o Village Gangpur, Tahsil And District Bemetara Chhattisgarh 11 - Yashoda Bai W/o Lal Singh (D/o Firan) Aged About 25 Years R/o Khurusbod, Tahsil Thankhamahariya District Bemetara Chhattisgarh

--- Applicant(s)

versus

1 - Tulsa Bai W/o Makhan Verma Aged About 64 Years Occupation Agriculturist, R/o Village Karchuwa, Tahsil Bemetara, District Durg Now (District Bemetara Chhattisgarh )

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(MCC No. 121 of 2021)

2 - Malti Bai Through Here Legal Representative W/o Keshar Verma Presently Residing At Village Bera, Tahsil Bemetara District Durg Now (District Bemetara Chhattisgarh) 2.1 - A Bhagwat S/o Keshar Verma Aged About 36 Years R/o Village Bera, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh

2.2 - B Dani S/o Keshar Verma Aged About 34 Years R/o Village Bera, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh 2.3 - C Taqdir S/o Keshar Verma Aged About 28 Years R/o Village Bera, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh

2.4 - D Raghubeer S/o Keshar Verma Aged About 24 Years R/o Village Bera, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh

2.5 - E Smt. Bhagwantin Bai W/o Gaukaran Kurmi Aged About 41 Years Occupation Agriculturist R/o Village Bahera, Near Village Ghivri, Tahsil Bemetara Distric Durg (Now Bemetara Chhattisgarh)

2.6 - F Smt. Tijiya Bai W/o Santram Verma Aged About 26 Years Occupation Agriculturist R/o Village Singhauri, Post And Tahsil Bemetara Distric Durg (Now Bemetara Chhattisgarh) 3 - Santosh S/o Dukalaha Verma Aged About 35 Years Occupation Labour, R/o Village Kurmipara, Bemetara, Presently Residing At Mundba Road, Keshavnagat, R-Marg, Florida Pune Maharastra

4 - (Died) And (Deleted) Dukalaha As Per Hon'ble Court Order Dated23-01-2024

5 - Bhukhan S/o Jidhan Verma Aged About 70 Years R/o Village Gangpur, Tahsil Bemetara, District Durg (Now Bemetara) Chhattisgarh

6 - State Of Chhattisgarh Through The Collector, Durg District Durg Chhattisgarh (Now Bemetara Chhattisgarh)

--- Non-applicant(s)

(Cause-title taken from Case Information System)

For Applicant :- Mr. Bharat Rajput, Advocate For Non-applicant-State:- Dr. Surendra Kumar Dewangan, PL

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

09.01.2025

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

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(MCC No. 121 of 2021)

condonation of delay in filing the application for restoration of Second Appeal No.367/2007.

2. After hearing learned counsel for the parties and going through the records, the delay of 380 days caused in filing the instant MCC is hereby condoned subject to payment of cost of Rs.2,500/- (Rs. Two Thousand Five Hundred Only) to the learned counsel for the non-applicants.

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

4. This MCC has been filed seeking restoration of Second Appeal No.367/2007, which was dismissed for want of prosecution by order of this Court dated 02.01.2020.

5. For the reasons stated in the application, the same is allowed. Second Appeal No.367/2007 is restored to its original number for its hearing and disposal in accordance with law. If the aforementioned cost is not paid within 15 days’ from today, this order of restoration shall become inoperative.

6. Accordingly, this MCC is allowed .

Sd/- (Sanjay K. Agrawal) Judge

@d!t!