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High Court of Jharkhand · body

2025 DAILYLAW 19308 (JHR)

LACHHMAN PRASAD v. SHAMBHU PRASAD

C.M.P./333/2022 · 2025-02-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.333 of 2022 ------ Most Kulwanti Devi & Others … Petitioners Versus Shambhu Prasad & Others … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Vishal Kr. Tiwary, Advocate For the Opp. Parties : Mr. Nawin Kumar, Advocate ------ Order No:-11 Dated:-28-02-2025 Heard the parties. This civil miscellaneous petition has been filed by the petitioners with a prayer for restoration of S.A. No.113 of 2005 to its original file which stood dismissed for non-prosecution on 27.06.2022. It is submitted by the learned counsel for the petitioner that S.A. No.113 of 2005 stood dismissed for non-prosecution on 27.06.2022 by this Court. It is next submitted that the counsel for the petitioners could not mark the case in the cause list, hence, no one appeared before this Court when the said S.A. No.113 of 2005 was called out; resulting in dismissal of the said S.A. No.113 of 2005 for non-prosecution. It is next submitted that non-prosecution before this Court on 27.06.2022 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said S.A. No.113 of 2005 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the S.A. No.113 of 2005 be restored to its original file. Learned counsel for the opposite parties have not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners, S.A. No.113 of 2005 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list S.A. No.113 of 2005 before the concerned Bench after a week. This civil miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/