Mangilal v. (Died) Kapil, Through Legal heirs

Chhattisgarh HC19 Jun 2025MCC/531/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court; MCC 531/2019; Justice Sanjay K. Agrawal; order dated 20.06.2025; restoration of Second Appeal No. 258/2004; condonation of delay of 222 days; dismissal for non-compliance of peremptory order dated 31.08.2018; legal heirs substituted vide court orders dated 20-10-2023 and 15-12-2023 (deceased non-applicants Kapil, Gophelal, Hirau, Baudhha); deletion of non-applicant No.5(a) Sadhhelal; applicant Mangilal; State of Chhattisgarh through Collector, Durg; NAFR.

What did the court decide?

MCC allowed: delay of 222 days condoned; name of non-applicant No.5(a) deleted from the cause-title; Second Appeal No. 258/2004 restored to its original number for hearing and disposal in accordance with law. ¶para 55

Mangilal Vs (Died) Kapil, Through Legal heirs — Chhattisgarh HC (2025) — LawSathi Research

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(MCC No. 531 of 2019)

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Digitally signed by ADITI ADITI DIWAN DIWAN KAIWART KAIWART Date: 2025.06.24 10:59:30 +0530

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2025:CGHC:26392

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 531 of 2019

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1 - Mangilal S/o Guharam Satnami Aged About 45 Years R/o Bhusandi, Tahsil Saja, District Durg Chhattisgarh

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--- Applicant(s)

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versus

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1 - (Died) Kapil, Through Legal Heirs As Per The Court Order Dated 20-10-2023 And 15-12-2023

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1(a) Pratap S/o Kapil Lodhi Aged About 80 Years R/o VillageBhusandi, Post- Karesara, Block- Office Khamhariya, TahsilSaja, District- Bemetara, Cg

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1(b) - Bishram S/o Kapil Lodhi Aged About 65 Years R/o Village- Bhusandi, Post- Karesara, Block- Office Khamhariya, Tahsil- Saja, District- Bemetara, Cg

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1(c) - Gendu S/o Kapil Lodhi Aged About 60 Years R/o VillageBhusandi, Post- Karesara, Block- Office Khamhariya, TahsilSaja, District- Bemetara, Cg

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1(d) - Badri Prasad S/o Kapil Lodhi Aged About 40 Years R/o Village- Bhusandi, Post- Karesara, Block- Office Khamhariya, Tahsil- Saja, District- Bemetara, Cg

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1(e) - Tameshwar S/o Firtu Aged About 35 Years R/o VillageBhusandi, Post- Karesara, Block- Office Khamhariya, TahsilSaja, District- Bemetara, Cg

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1(f) - Devram S/o Firtu Aged About 30 Years R/o VillageBhusandi, Post- Karesara, Block- Office Khamhariya, TahsilSaja, District- Bemetara, Cg

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2 - Pratap S/o Kapil Lodhi Aged About 40 Years Cultivator, R/o Village Bhusandi Tahsil Saja, District Durg Chhattisgarh

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3 - (Died ) Gophelal, Through Legal Heirs As Per Court Order Dated 20-10-2023 And 15-12-2023

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(MCC No. 531 of 2019)

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3(a) - Banwali S/o Gophelal Aged About 50 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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3(b) - Mohan S/o Gophelal Aged About 48 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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3(c) - Gangadhar S/o Gophelal Aged About 45 Years R/o Village- Bhusandi, Post- Karesara, Block Office- Khamhariya, Tahsil- Saja, District- Bemetara, Cg

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3(d) - Gangaram S/o Gophelal Aged About 43 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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3(e) - Vishnu S/o Gophelal Aged About 30 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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3(f) - Dhankunwar D/o Dophelal Aged About 28 Years W/o Dhansingh R/o Village- Bhusandi, Post- Karesara, Block OfficeKhamhariya, Tahsil- Saja, District- Bemetara, Cg

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3(g) - Chandraprakash S/o Bansilal (Son Of Gophelal) Aged About 20 Years R/o Village- Bhusandi, Post- Karesara, Block Office- Khamhariya, Tahsil- Saja, District- Bemetara, Cg 3(h) - Arti D/o Banshilal Aged About 18 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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3(i) - Chandrakali D/o Banshilal Aged About 16 Years (Minor) Through Natural Next Friends Brother Ie Non- Applicants, No. 3 (G), Chandraprakash R/o Village- Bhusandi, Post- Karesara, Block Office- Khamhariya, Tahsil- Saja, District- Bemetara, Cg

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4 - Gangasagar S/o Ramlal Satnami Aged About 40 Years Cultivator, R/o Village Bhusandi Tahsil Saja, District Durg Chhattisgarh

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5 - (Died) Hirau, Through Legal Heirs As Per Court Order Dated 20-10-2023 And 15-12-2023

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Sadhna D/o Hirau Aged About 60 Years W/o Dewadas, R/o Village- Bhusandi, Post- Karesara, Block Office- Khamhariya, Tahsil- Saja, District- Bemetara, Cg (Deleted)

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5(a) - Sadhhelal S/o Hirau Aged About 55 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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5(b) - Sadhrai S/o Hirau Aged About 50 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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5(c) - Shatruhan S/o Hirau Aged About 45 Years R/o VillageBhusandi, Post- Karesara, Block Office- Khamhariya, TahsilSaja, District- Bemetara, Cg

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(MCC No. 531 of 2019)

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6 - (Died) Baudhha, Through Legal Heirs As Per Court Order Dated 20-10-2023 And 15-12-2023

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6(a) - Sushil S/o Baudhha Aged About 40 Years R/o VillageTharakpur, Post- Nawagaon, Tahsil- Khamhariya, DistrictBemetara, Cg

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6(b) - Lekhu S/o Baudhha Aged About 35 Years R/o VillageTharakpur, Post- Nawagaon, Tahsil- Khamhariya, DistrictBemetara, Cg

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7 - M.P. (Now State Of Chhattisgarh) Through Collector, Durg Chhattisgarh, District : Durg, Chhattisgarh

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--- Non-applicant(s)

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(Cause-title taken from Case Information System) ------------------------------------------------------------------------------For Applicant :- Mr. Pankaj Agrawal, Advocate For Non-applicant-State :- Mr. Amit Buxy, Panel Lawyer For Non-applicant No.2 :- Mr. Tejasva Deo, Advocate on behalf of Mr. Sunil Otwani, Advocate

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

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20.06.2025

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1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration of Second Appeal No. 258/2004.

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2. For the reasons stated in the application, the same is allowed and the delay of 222 days caused in filing the instant MCC is hereby condoned.

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3. Also heard on IA No.07, which is an application for deleting the name of non-applicant No.5(a).

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4. For the reasons stated in the application, the same is allowed. Let the name of non-applicant No.5(a) be deleted

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(MCC No. 531 of 2019)

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from the cause-title of this MCC during the course of the day.

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

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6. This MCC has been filed seeking restoration of Second Appeal No.258/2004 which was dismissed for noncompliance of this Court’s peremptory order dated 31.08.2018.

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7. For the reasons stated in the application, the same is allowed. Second Appeal No.258/2004 is restored to its original number for its hearing and disposal in accordance with law.

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8. Accordingly, this MCC is allowed.

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Mangilal v. (Died) Kapil, Through Legal heirs

Case brief

What is this about?

What did the court decide?

Mangilal v. (Died) Kapil, Through Legal heirs

Case brief

What is this about?

What did the court decide?

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What the court decided

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