[2025:JHHC:24986] IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 951 of 2023 Harjit Singh … Petitioner Versus Puran Chandra Purty & Ors. … Opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Indrajit Sinha, Adv. For the Opp. Parties : Mr. Sachin Kumar, AC to SC I Mr. Zaid Imam , Adv. 10 / 22.08.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of Second Appeal no. 111 of 2006 to its original file. Learned counsel for the petitioner submits that the Second Appeal no. 111 of 2006 was dismissed vide order dated 16.08.2022 for non-compliance of the order of payment of cost of Rs. 1000/- by the appellant to the respondent through the counsel appearing in the record, within the peremptory time. Learned counsel for the petitioners submits that due to some mis-communication, the said payment could not be made in time, which resulted in dismissal of Second Appeal no. 111 of 2006. It is further submitted that the petitioner has very good grounds to agitate in Second Appeal no. 111 of 2006 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that Second Appeal no. 111 of 2006 be restored to its original file. Learned counsel for the opposite party submits that the opposite parties have been harassed by the petitioner by delaying the matter, hence, the opposite party be compensated adequately in terms of cost. Considering the facts and circumstances of this case, Second Appeal no. 111 of 2006 is directed to be restored to its original file subject to payment of cost of Rs. 5,000/- by the petitioner to the opposite parties through his counsel appearing in the record, within two weeks, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall remain dismissed without further reference to the Bench. In case, the petitioners file the proof of payment of Rs. 5,000/- to the opposite parties, through learned counsel for the opposite parties appearing in the record, then Second Appeal no. 111 of 2006 be restored to its original file and Second Appeal no. 111 of 2006 be listed after a week of the said payment before the appropriate bench. This civil miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Smita/-