( 2025:JHHC:26423 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 812 of 2022 ------ 1. Sheo Prasad, aged about 60 years 2. Om Prakash Bansal, aged about 57 years, Both sons of Late Parmanand Prasad Agarwal, both residents of Arhat Road, P.O. and P.S. –Daltonganj, District – Palamau. .... .... …. Petitioners Versus Prema Devi, wife of Late Ramkesh Mahto & Ors. .... .... .... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner s : Mr. Tarun Kr. Mahato, Advocate For the Opp. Parties : Mr. Vishnu Prabhakar Pathak, Advocate ------ Order No.12 Dated- 29.08.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of S.A. No. 442 of 2003 to its original file. Learned counsel for the petitioners submits that S.A. No. 442 of 2003 was dismissed for default of the appellants. It is next submitted by the learned counsel for the petitioners due to inadvertence, the counsel for the appellants could not mark the case in the cause list, therefore, no one could appear before this Court when the case was called out and the same resulted in dismissal of S.A. No. 442 of 2003. It is further submitted that the non-appearance of the counsel for the appellants was neither intentional nor deliberate. It is next submitted that the appellants have very good grounds to agitate in S.A. No. 442 of 2003 and unless S.A. No. 442 of 2003 is restored to its original file, the appellants who are the petitioners herein will be highly prejudiced. Hence, it is submitted that the S.A. No. 442 of 2003 be restored to its original file. Learned counsel for the opposite parties submits that the petitioners are deliberately delaying the disposal of the case with ulterior motive and harassing the opposite parties by lingering the same. Hence, in case the delay is condoned, the opposite parties be adequately compensated with costs. Considering the aforesaid facts, S.A. No. 442 of 2003 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- by the petitioners to the opposite parties through the counsel appearing in the record, within four weeks, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall stand dismissed without further reference to the Bench. In case, the petitioners file the proof of payment of costs of Rs.5,000/- by the petitioners to the opposite parties through the counsel appearing in the record within four week, list S.A. No. 442 of 2003 under the appropriate heading before the appropriate Bench after a week. (Anil Kumar Choudhary, J.) Sonu-