IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.1093 of 2024 ------ 1. Mahabir Mahto, aged 52 years. 2. Rameshwar Mahto aged about 50 years. 3. Tejnath Mahto @ Tej Nath Mahto aged about 36 years Nos. 1 to 3 all the son of late Bidesi Sao, and Late Chamari Devi, Resident of Village- Charhi, P.O.- Charhi, P.S. Mandu, District Hazaribag 4. Usha Devi, aged about 35 years wife of Bhim Mahto, Resident of village- Arra Basti, P.O.- Saru Bera, P.S.- Ramgarh, District- Ramgarh 5. Uma Devi, aged about 41 years, wife of Sri Jainath Mahto, resident of Village Gobda, P.O. Missola, P.S. Tandwa, District Chatra … Petitioners Versus 1. Ramadhar Pandey, Son of Late Jugeshwar Pandey, Resident of village Charhi, P.O. Charhi, P.S. Mandu, District Hazaribagh 2. Jaswa Devi aged about 66 Years, widow of Late Puran Mahto and daughter of late Gohan Mahto, village- Chamaro, P.O. Charhi, P.S. Charhi, District Hazaribagh. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sardhu Mahto, Advocate For the Opp. Parties : Ms. Kashyapi, Advocate Mr. Upendra Nath Mahto, Advocate ------ Order No:-03 Dated- 28-03-2025 I.A. No.13177 of 2024 Heard the parties. Learned counsel for the petitioners submits that this interlocutory application has been filed with a prayer to condone the delay of 379 days in filing the instant C.M.P. It is further submitted that upon the direction of the Court to remove the defects pointed out by the stamp reporter within eight weeks, the petitioners/appellants deposited the court fee and authentication fee and also filed the typed copies and the synopsis on 15.09.2023 and was under the impression that the defects have been removed but only after receiving message on 29.09.2023, the counsel for the petitioners contacted the In-charge of Second Appeal Section but no suitable explanation could be given, hence, the delay occurred in filing the instant C.M.P. It is next submitted that the delay caused in filing the instant C.M.P. is neither deliberate nor intentional. It is next submitted that the petitioners have very good grounds to agitate in the instant C.M.P. and unless the delay in filing the instant C.M.P. is condoned, the petitioners will be highly prejudiced. Hence, it is submitted that the delay of 379 days in filing the instant C.M.P., be condoned. Considering the facts and circumstances of the case, the delay of 379 days in filing the instant C.M.P. is condoned. Accordingly, this interlocutory application stands allowed. (Anil Kumar Choudhary, J.) C.M.P. No.1093 of 2024 This civil miscellaneous petition has been filed by the petitioners with a prayer for restoration of S.A. No.08 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 03.08.2023 passed by this Court. It is submitted by the learned counsel for the petitioners that S.A. No.08 of 2023 stood dismissed for non-compliance of the peremptory order dated 03.08.2023 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that due to inadvertence, the petitioners could not comply with the said order within the stipulated time which resulted in dismissal of the said S.A. No.08 of 2023. It is next submitted that non- compliance of the said order dated 03.08.2023 within the stipulated time was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said S.A. No.08 of 2023 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.08 of 2023 be restored to its original file. Learned counsel appearing for the opposite parties have not raised any serious objection. Considering the facts and circumstances of this case as well as the submission of the learned counsel for the petitioners, S.A. No.08 of 2023 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.08 of 2023 before the concerned Bench after a week. This civil miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/