[2025:JHHC:13319] IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.1024 of 2024 ------ Md. Nizam Kuraishi, aged about 46 years, Son of Musa Kuraishi, Resident of Village- Balumnath, P.O. & P.S. Balumnath, Dist.- Latehar … Petitioner Versus 1. Tulsi Bhuian, Aged about 43 years 2. Bajrangi Bhuian, aged about 40 years Both are Sons of Late Tetar Bhuian, Resident of Village- Balumath, P.O. & P.S.- Latehar, District- Latehar 3. DC Latehar, P.O. & P.S. Latehar … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Khagesh Thakur, Advocate Mr. Akhouri Sankalp, Advocate For the O.P. Nos.1 & 2 : Mr. Ashok Kr. Singh, Advocate ------ Order No:-05 Dated:-02-05-2025 Heard the parties. This Civil Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of S.A. No.349 of 2018 to its original file which stood dismissed for default vide order dated 16.07.2024. Learned counsel for the petitioner submits that S.A. No.349 of 2018 stood dismissed for default vide order dated 16.07.2024. It is next submitted that S.A. No.349 of 2018 was listed before this Bench and the earlier learned counsel for the petitioner died during the pendency of S.A. No.349 of 2018 due to which no one turned up on behalf of the appellant, when S.A. No.349 of 2018 was called out before the Bench; which resulted in dismissal of the said S.A. No.349 of 2018. It is next submitted that non-appearance of the learned counsel for the appellant before this Bench was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said S.A. No.349 of 2018 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the S.A. No.349 of 2018 be restored to its original file. Learned counsel for the opposite party Nos.1 and 2 vehemently opposes the prayer of the petitioner for restoration of the said S.A. No.349 of 2018 and submits that the opposite party Nos.1 and 2 will unnecessary be harassed if the same is restored to its original file, hence, the opposite party Nos.1 and 2 be compensated adequately. Considering the facts and circumstances of this case as well as the aforesaid submission of the learned counsel for the petitioner, S.A. No.349 of 2018 is directed to be restored to its original file at the same stage at which it was before its dismissal subject to payment of cost of Rs.5,000/- by the petitioner to the opposite party Nos.1 and 2 through their counsel appearing in the record within two weeks from the date of this order. Registry is directed to list S.A. No.349 of 2018 before the concerned Bench after two weeks only if the petitioner pays the cost of Rs.5,000/- to the opposite party Nos.1 and 2 through their counsel appearing in the record within two weeks from the date of this order; failing which, this conditional order shall not be given effect to and S.A. No.349 of 2018 shall remain dismissed. This Civil Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Saroj/