[2025:JHHC:18027] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 269 of 2022 1. Mohan Mahto, age about 75 years. 2. Deo Narain Mahto, aged about 66 years. 3. Tek Narain Mahto, age about 64 years. All sons of Late Lalo Mahto, residents of Village-Kanchanpur, P.O. Lapung, P.S. Katkamsandi, District-Hazaribagh. ..... … Petitioners Versus 1. Parani Devi, wife of Sodar Mahto, daughter of late Chulhan Mahto, resident of Village-Nawatanr, P.O. Shila, P.s.-Simaria, District-Chatra. 2. Munia, wife of Punit Mahto, daughter of late Chulhan Mahto, resident of Village-Keredari, P.O. and P.S.-Keredari, District-Hazaribagh. 3. Doman Mahto 4. Ganesh Mahto 5. Rameshwar Mahto 6. Umesh Mahto, O.P. Nos. 3 to 6 are sons of Late Chulhan Mahto. O.P. Nos. 1 to 6 are residents of Village- Kanchanpur, P.O. Lapung, P.S. Katkamsandi, District-Hazaribagh. 7. State of Jharkhand through the Deputy Commissioner, Hazaribagh. 8. Anchal Adhikari, Katkamsandi, P.O. and P.S.- Katkamsandi, District-Hazaribagh. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Abhijeet Kumar, Advocate. For O.P. Nos. 1 to 6 : Mr. Sanjay Kumar Tiwari, Advocate. For the O.P. Nos. 7 & 8 : Mr. M.K. Ekka, A.C. to S.C.-I. ------ 05/ 04.07.2025 I.A. No. 8894 of 2024 has been filed for condonation of delay of 1124 days in filing the substitution petition as well as for setting aside the abatement. Further I.A. No. 8888 of 2024 has been filed for substituting the names of legal heirs and successor of O.P. No. 1. 2. Learned counsel appearing for the petitioners submits that it [2025:JHHC:18027] -2- was not known to the petitioners that the O.P. No. 1 has left for her heavenly abode and only after appearance of O.P. Nos. 2 to 6, it has transpired that O.P. No. 1 has left for her heavenly abode, that’s why the day of 1124 has occurred in filing the substitution petition. He submits that the said delay may kindly be condoned and the abatement may also be set aside. He further submits that I.A. No. 8888 of 2024 has also been filed for substituting the names of legal heirs and successor of O.P. No. 1. 3. Mr. Sanjay Kumar Tiwari, learned counsel has put his appearance on behalf of O.P. Nos. 2 to 6 and he has been instructed to appear on behalf of the legal heirs and successors of O.P. No. 1. 4. Considering that the death of the O.P. No. 1 was transpired after appearance of O.P. Nos. 2 to 6 and thereafter the substitution petition has been filed and for deciding the lis, the legal heirs and successors of O.P. No. 1 are necessary, in view of that the delay of 1124 days in filing the substitution petition as well as for setting aside the abatement, are hereby, condoned and the I.A. No. 8894 of 2024 stands allowed and disposed of. 5. In view of the above, the I.A. No. 8888 of 2024 filed for substituting the names of legal heirs and successor of O.P. No. 1 is also allowed and disposed of. 6. Learned counsel appearing for the petitioners will make out necessary correction with regard to the legal heirs and successors of the O.P. No. 1 in course of the day. 7. There is no need of issuing notice to the newly added legal heirs and successors of the O.P. No. 1, as Mr. Sanjay Kumar Tiwari, learned counsel submits that he accepts notice on their behalf. 8. I.A. No. 9259 of 2023 has been filed for condoning the delay of 119 days in filing the instant CMP for restoration of S.A. No. 508 of [2025:JHHC:18027] -3- 2017 to its original file. 9. Learned counsel appearing for the petitioners submits that the second appeal was dismissed for default due to non-compliance of the peremptory order passed by this court and the aforesaid delay has occurred, as there was bereavement in the family member of the advocate clerk of the petitioners’ counsel and that has been stated in para-8 of the aforesaid I.A. as well as in the present CMP. 10. Learned counsel appearing for the respective opposite parties have got no serious objection if the delay of 119 days is condoned. 11. In view of the above, the delay of 119 days in filing the instant CMP for restoration of S.A. No. 508 of 2017 to its original file is allowed and the same is disposed of. 12. For the reasons assigned in the CMP, the second appeal being S.A. No. 508 of 2017 is restored to its original file. As such, this CMP is allowed and disposed of. 13. In view of the above, Mr. Sanjay Kumar Tiwari, learned counsel appearing for the O.P. Nos. 1 to 6 will file his vakalatnama on behalf of the private opposite parties in the pending second appeal. (Sanjay Kumar Dwivedi, J.) Amitesh/-