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2026 Supreme(Online)(Chh) 31881

HIGH COURT OF CHHATTISGARH AT BILASPUR
Sachin Singh Rajput, J
Neeraj Bhatt @ Niru – Appellant
Versus
Ankita Sharma – Respondent
MCC No. 936 of 2026 | FA(MAT) No. 104/2025



Important Points

The court condoned a delay of 207 days in filing a restoration application and ordered the restoration of a matrimonial appeal that had been dismissed due to a peremptory order.

Subject

Civil - Matrimonial

Headnote

(A) Condonation of Delay - Application for condonation - Delay of 207 days in filing the restoration application condoned upon due consideration of reasons stated. (Para 2)

(B) Restoration of Appeal - Dismissal due to peremptory order - Application for restoration allowed and appeal restored to its original number when not opposed by the respondent. (Para 3, 5)

Issues: Whether the delay in filing the MCC should be condoned and the dismissed appeal restored.

Legal Category Hierarchy

  • practice and procedure
    • restoration of proceedings
    • limitation and condonation of delay
  • family law
    • matrimonial proceedings

Advocates:
For the Appellants/Petitioners: Tapan Kumar Chandra
For the Respondents: Prasoon Agrawal

##PAGE1##

CGHC010373552026 2026:CGHC:44815-DB NAFR Digitally signed by PRAKASH PRAKASH KUMAR KUMAR Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.10.16

17:25:14 +0530 MCC No. 936 of 2026 Neeraj Bhatt @ Niru S/o Suresh Bhatt Aged About 35 Years R/o Turkaripara, Ward No. 8, Khairagarh, Post, P.S. And Tahsil Khairagarh, District Khairagarh- Chhuikhadan- Gandai (C.G.) (Wrongly Mentioned As District Khairagarh)

... Petitioner versus Smt. Ankita Sharma W/o Neeraj Bhatt @ Niru, Aged About 35 Years R/o Turkaripara, Ward No. 8, Khairagarh, Post, P.S. And Tahsil Khairagarh, District Khairagarh- Chhuikhadan- Gandai (C.G.) (Wrongly Mentioned As District Khairagarh) At Present- Smt Ankita Sharma, Mother Smt. Sudha Sharma (Retired Teacher) Kargil Chowk, Megha Road Kurud, P.S. Tahsil And Post Kurud, District Dhamtari (C.G.)

... Respondent For Petitioner : Mr. Tapan Kumar Chandra, Advocate For Respondent : Mr. Prasoon Agrawal, Advocate Hon’ble Shri Justice Sachin Singh Rajput,

Order on Board

16.10.2026

1. Heard on I.A. No.1/2026, an application for condonation of delay in filing the instant MCC.

##PAGE2##

2. On due consideration and for the reasons stated in the application, the same is allowed. Delay of 207 days in filing the MCC is hereby condoned.

3. This MCC has been filed for restoration of FA(MAT) No. 104/2025 which was dismissed on account of peremptory order passed by this Court on 16.12.2025.

4. The present MCC is not opposed by learned counsel for the Respondent.

5. On due consideration and for the reasons mentioned in the restoration application, it is allowed and FA(MAT) No.104/2025 is directed to be restored to its original number.

6. Accordingly, the present MCC stands disposed of.

Sd/- Sd/-

Judge Judge

Prakash

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