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2021 Supreme(Chh) 215

RAJENDRA CHANDRA SINGH SAMANT
T. N. Dubey (Dr. Triyugi Narayan Dubey) – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Siddharth Dubey, Advocate.
For the Respondent:Dr. Gurudev I. Sharan, Mrs. Prabha Sharma on behalf of Mr. Ratnesh Kumar Agrawal, Advocate.

ORDER :

1. This petition has been brought being aggrieved by the order dated 05.03.2018 by which the application filed by the petitioner for restoration of the Execution Case No.02-A/2012 was dismissed.

2. The petitioner and one another are the decree holders in the Civil Suit No.02-A/2012, by which relief of specific performance of contract has been granted in favour of the petitioner against defendant Late Anand Ram, who is now expired and represented by the private respondents. The Execution Case was filed and is pending, which was dismissed for non-prosecution on 12.12.2017.

3. It is submitted by the learned counsel for the petitioner, that the petitioner then filed application for restoration of the Execution Case, on ground that it was fixed in the National Lok Adalat on 09.12.2017. The mother of the petitioner suffered a fracture in her leg because of which the petitioner was engaged in taking her to the hospital and could not appear before the Court, therefore, he had sufficient reason for his nonappearance and he had received no notice of date 12.12.2017. The learned Executing Court has also made observation in the impugned order on the executability of the decree, which was

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