2025:JHHC:25528 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 805 of 2025 Mohammad Anwar, S/o late Sk, Ramzan, R/o H. No. 3, Main Road, Shastrinagar, Block No.2, P.O. & P.S. Kadma, Town Jamshedpur, District-East Singhbhum ..... .... Petitioner Versus 1. Johra Bibi (Khatoon), D/o Late Seikh Ramjan, W/o Nizam @ Rahim, R/o Mango Jawhahar Nagar, Road No. 8, Cross-D, H. No. 103, Mango, P.O. & P.S. Mango, Town, Jamshedpur, District-East Singhbhum 2. Gulam Rasool, S/o Late Seikh Ramjan, R/o N/1 Type Qr. No. 02, Gowala para Slope, P.O. & P.S. Kadma, Town, Jamshedpur, District-East Singhbhum … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Jitendra Nath Upadhyay, Advocate Ms. Harshikha Kumari, Advocate Ms. Kavita Kumari, Advocate For the Opposite Parties : ------ Order No. 04 / Dated : 26.08.2025. Heard the submissions advanced on behalf of both sides. 1. The instant civil miscellaneous petition has been filed for setting aside order dated 28.04.2025 passed in Execution Case No. 52 of 2016 passed by learned civil Judge (Sr. Division), Jamshedpur. 2. I do not find any infirmity in the impugned order for the following reasons that second execution is not necessarily barred, if the first one was dismissed for default, provided, i. The decree is still within the period of limited for an execution under Article 136 of the Limitation Act, 1963. ii. The dismissal was not on merit. 3. Further, the Executing Court lacks authority to restore the execution petition dismissed for default. Instead, a decree holder can simply file a fresh execution petition as long as it is within the limitation period. It has been held by Hon’ble Supreme Court in Shiv Shankar Prasad Sah & Ors. Vs. Baikunth Nath Singh & Ors. (1969)1SCC718 that dismissal for default does not extinguish the decree holder’s right to execute the decree and permits filing a fresh execution petition in accordance with law. 4. Under the circumstance, instant civil misc. petition filed by the petitioner stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -