Savitri Singhania Vs Girdhar

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(MCC No. 731 of 2023)

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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:26391

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 731 of 2023

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1 - Savitri Singhania Wd/o Late Maluram Singhania Aged About 84 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.)

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2 - Kapiraj Singhania S/o Late Maluram Singhania Aged About 60 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.)

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3 - Birendra Singhania S/o Late Maluram Singhania Aged About 58 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk, Raipur, District Raipur (C.G.)

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4 - Giriraj Singhania S/o Late Maluram Singhania Aged About 51 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.)

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5 - Raghvendra Singhania S/o Late Maluram Singhania Aged About 49 Years R/o Vindhya Vasini Kutir, Tatyapara Chowk Raipur, District Raipur (C.G.)

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6 - Madhu Agrawal Wd/o Late Hemant Agrawal Aged About 55 Years D/o Late Maluram Singhania, R/o C-2 Building Flat No. 602, Karishma Apartments Vidhan Sabha Road, Kamardih, Raipur, District Raipur (C.G.)

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7 - Manju Khedia W/o Shriniwas Khedia Aged About 53 Years D/o Late Maluram Singhania, R/o Sector 1, A-Market, Bhilai District Durg (C.G.) Maluram Singhania S/o Late Shri Prabhulal Singhania (Since Died)

--- Applicant(s)

versus

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(MCC No. 731 of 2023)

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1 - Girdhar S/o Late Mohanlal Aged About 57 Years R/o Village Parasbod, Police Station Saja, Tehsil Saja, District Bemetara (C.G.)

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2 - Anandram S/o Late Mohanlal, Aged About 57 Years, R/o Village Parasbod, Police Station Saja, Tehsil Saja, District Bemetara (C.G.) Mohanlal S/o Ramlal (Since Dead)

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3 - Pawan Patel S/o Sewaram Aged About 56 Years R/o Tendua Nawapara Tehsil Saja District Bemetara (C.G.)

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4 - Nirmala D/o Sewaram Aged About 48 Years R/o Gayanagar Durg, Tehsil And District Durg (C.G.) Sewaram S/o Late Ghasiram (Since Died)

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5 - Bimla Bai Wd/o Leelaram Aged About 58 Years R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.)

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6 - Radheshyam Patel S/o Leelaram Aged About 50 Years W/o Sudama Lodhi, Age Not Know To Applicants, R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.)

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7 - Mamta D/o Leelaram W/o Sudama Lodhi, Age Not Know To Applicants, R/o Village Bhatripara, Post Office Medesara, Tehsil Dhamdha, District Durg (C.G.) Leelaram S/o Late Ghasiram (Since Died) Ghasiram S/o Late Jagtu Lodhi (Since Died)

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8 - Sandeep Jain S/o Rawatmal Jain R/o Karagar (In Jail) Durg, District Durg (C.G.) Rewatmal Jain S/o Late Mangilal (Since Died)

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9 - Pukhraj Jain S/o Late Mangilal Aged About 67 Years R/o Saja, Police Station Saja, District Bemetara (C.G.)

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10 - Gangadas S/o Late Sanwaldas Aged About 53 Years R/o Village Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.)

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11 - Fekani Bai Died Through Lrs (vide Hon’ble Court order dated 20.06.2025)

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11(A) - Sukh Dev S/o Late Fekani Bai Aged About 45 Years R/o Jaggannath-pur Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.)

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3

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(MCC No. 731 of 2023)

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11(B) - Sujaan Das S/o Late Fekani Bai Aged About 40 Years R/o Jaggannath-pur Parasbod, Police Station Saja, Tehsil And District Bemetara (C.G.)

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12 - Khushi Bai D/o Late Sanwaldas Aged About 64 Years R/o Village Parasbod, Police Station Saja, Tehsil And District Durg (C.G.)

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13 - Kewra D/o Late Sanwaldas Aged About 61 Years R/o Village Gadadih, Police Station Saja, Tehsil Saja, District Durg (C.G.)

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14 – Bhuri D/o Late Sanwaldas (Died and Deleted vide Hon’ble Court order dated 20.06.2025)

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15 - Kamla D/o Late Sanwaldas Aged About 55 Years R/o Village Karamtara, Tehsil Saja, District Bemetara (C.G.) Sanwaldas S/o Late Heeralal (Since Died)

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16 - State Of Chhattisgarh Through Collector, Durg, District Durg (C.G.)

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--- Non-applicant(s)

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(Cause-title taken from Case Information System) ------------------------------------------------------------------------------For Applicants :- Mr. Kabeer Kalwani, Advocate on behalf of Mr. Anurag Singh, Advocate For Non-applicant-State :- Mr. Amit Buxy, Panel Lawyer For Non-applicant Nos.1,2,9,10,12, 13 & 15 :- Mr. Amit Kumar Sahu, 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 Civil Revision No. 05/2020.

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2. For the reasons stated in the application, the same is allowed and the delay of 47 days caused in filing the

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4

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(MCC No. 731 of 2023)

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instant MCC is hereby condoned.

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3. Also heard on IA No.05, which is an application filed under Section 5 of the Limitation Act.

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4. For the reasons stated in the application, the same is allowed. Delay in filing IA Nos.02, 03 & 04 is hereby condoned.

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5. Heard on IA No.04, which is an application filed under Order 22 Rule 9 of the CPC.

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6. For the reasons stated in the application, the same is allowed. Accordingly, abatement is hereby set aside.

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7. Also heard on IA No.02, which is an application for deleting the name of non-applicant No.14 namely, Bhuri.

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8. For the reasons stated in the application, the same is allowed. Let the name of non-applicant No.14 namely, Bhuri be deleted from the cause-title of this MCC during the course of the day.

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9. Also heard on Heard on IA No.03, which is an application for substitution of legal heirs of the deceased non-applicant No.6. Learned counsel for the applicant submits that in I.A. No.3 it has been wrongly mentioned as “non-applicant No.6” whereas, it ought to have been “non-applicant No.11” and he may be permitted to correct the same.

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(MCC No. 731 of 2023)

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10. For the reasons stated in the application, the same is allowed and the correction sought is also permitted. Let the legal heirs of the deceased non-applicant No.11 be brought on record during the course of the day.

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

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12. This MCC has been filed seeking restoration of Civil Revision No.05/2020 which was dismissed for noncompliance of this Court’s peremptory order dated 25.08.2023.

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13. For the reasons stated in the application, the same is allowed. Civil Revision No.05/2020 is restored to its original number for its hearing and disposal in accordance with law.

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14. Accordingly, this MCC is allowed.

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Savitri Singhania v. Girdhar

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Savitri Singhania v. Girdhar

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