( 2025:JHHC:12472 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.996 of 2022 ------ Mahi Uddin Rashidi aged about 75 years son of late Manir Uddin alias Mahgu Mian, resident of village-Ashnabad, Khurd, P.O.-Tilaiya, P.S.- Tilaiya, District-Koderma, … Petitioner Versus Basant Kumar Arya son of Bhishmdeo Arya, resident of village-Jhumri Tilaiya, P.O. + P.S.-Tilaiya, District-Koderma. … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ram Lakhan Yadav, Advocate For the OP : Mr. Sanket Kumar, Advocate ------ Order No:-07 Dated:-25-04-2025 Heard the parties. This Civil Miscellaneous Petition has been filed by the petitioner with a prayer for restoration of S.A. No.216 of 2009 to its original file which stood dismissed for default vide order dated 08.12.2022. It is submitted by the learned counsel for the petitioner that S.A. No.216 of 2009 stood dismissed for default vide order dated 08.12.2022. It is next submitted that S.A. No.216 of 2009 was listed before this Bench on 08.12.2022 and the learned counsel for the petitioner submits that he was undergoing treatment for his illness, hence, the learned counsel for the petitioner could not turn up when S.A. No.216 of 2009 was called out; which resulted in dismissal of the said S.A. No.216 of 2009. It is next submitted that non-appearance of the petitioner on 08.12.2022 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said S.A. No.216 of 2009 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.216 of 2009 be restored to its original file. Learned counsel for the opposite party vehemently opposes the prayer of the petitioner for restoration of the said S.A. No.216 of 2009 and submits that the opposite party will unnecessarily be harassed if the same is restored to its original file, hence, the opposite party be compensated adequately by way of. Considering the aforesaid submission of the learned counsel for the petitioner, S.A. No.216 of 2009 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.6,000/- by the petitioner to the opposite party through his counsel within four weeks from the date of this order. Registry is directed to list S.A. No.216 of 2009 before the concerned Bench after two weeks only if the petitioner files the proof of paying the cost of Rs.6,000/- to the opposite party through his counsel appearing in the record, within four weeks from the date of this order; failing which this conditional order shall not be given effect to and S.A. No.216 of 2009 shall remain dismissed. This Civil Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/