2025:JHHC:33396 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 717 of 2019 1. Most. Kalawati Devi, 63 years, W/o late Chandra Kishore Mahto 2. Vijay Kishore Gautam, 48 years, s/o late Chandra Kishore Mahto 3. Hari Kishore Gautam, 39 years, s/o late Chandra Kishore Mahto 4. Sunita Kumari (46 years) 5. Binita Kumari (37 years) 6. Anita Kumari (35 years) 7. Gudia Rani (32 years) Sl. 4 to 7 are d/o late Chandra Kishore Mahto 8. Shila Kumari, 65 years D/o late Ram Bilash Mahto 9. Jamuna Prasad Mahto (71 years) 10. Ganga Prasad Mahto (69 years) 11. Sarjoo Prasad Mahto (66 years) 12. (a) Arti Devi 63 years, W/o Late Bindeshwari Prasad Mahto (b) Chandan Prasad Mahto, 45 years S/o late Bindeshwari Prasad Mahto Both R/o village & P.O. Manjura P.S. Kasmar District Bokaro (c) Sandhya Kumari (40 Years), D/o late Bindeshwari Prasad Mahto, W/o Sri Jai Prakash Mahto, R/o village Mathari, P.O. Jargo, P.S. Jhalda District Purulia West Bengal (d) Sulekha Kumari, D/o late Bindeshwari Prasad Mahto, w/o Sri Thakur Mahto, R/o village Peretorang P.O. Gagi P.S. Baghmundi District Purulia West Bengal (e) Sumita Kumari, 31 years d/o late Bindeshwari Prasad Mahto R/o village and P.O. Manjura P.S. Kasmar District Bokaro 13. Dilip Kumar Mahto 56 years 14. Tej Narayan Mahto 53 years 15. Navin Kumar Mahto 49 years 16. Binay Kumar Mahto 43 years 17. Savinay Kumar Mahto 41 years Sl. 13 to 17 S/o late Kailash Chandra Mahto 18. Uma Devi (58 years), D/o late Kailash Chandra Mahto, W/o Sri Tulsi Mahto Village P.O. Murpa P.S. Kuju, District Hazaribagh 19. Madhubala Devi (47 years) D/o late Kailash Chandra Mahto, W/o Sri Gajo Mahto village Garbudih, P.O P.S. Putki, District Dhanbad 20. Sarita Devi (45 yr) d/o Late Kailash Chandra Mahto w/o Sri Suresh Mahto Vill. Gokulnagar P.O. P.S. Jhalda District Purulia West Bengal 21. Sunil Kumar Mahto (75 yr) s/o Late Raghunandan Mahto 22. Brajnandan Mahto (65 yr) s/o Late Jainandan Mahto 23. Sumitra Nandan Mahto (61 yr) s/o Late Jainandan Mahto 2025:JHHC:33396 2 24. Deoki Nandan Rao (54 yr) s/o Late Jainandan Mahto 25. Sheo Nandan Mahto @ Shyam Nandan Mahto (69 yr) s/o Late Jainandan Mahto 26. Nand Kumar Mahto (58 yr) s/o Late Sunil Kumar 27. Giriwar Kumar Mahto (56 yr) s/o Late Sunil Kumar 28. Punam Kumari (48 yr) d/o Late Sunil Kumar 29. Neelam Kumari (44 yr) d/o Late Sunil Kumar All Sl. 1 to 18 and Sl. 21 to 29, r/o Village and P.O Manjura P.S. Kasmar District Bokaro. … … Petitioners/Petitioners Versus 1. The State of Bihar (Now Jharkhand) 2. Khunu Bala Devi (Deleted vide order dated 23.09.2022) 3. Manoj Kumar Jha, W/o late Dinesh Chandra Jha 4. Mukteshwar Jha s/o Late Dinesh Chandra Jha All Sl. 2 to 4 are r/o village and P.O. Manjura P.S. Kasmar District Bokaro. 5. Rekha Devi d/o Late Dinesh Chandra Jha & w/o Late Santosh Kumar Jha r/o village Ojhadih Tola Girdhartand P.O. P.S. Pindrajora, District Bokaro 6. Dulu Bala Devi d/o Late Dinesh Chandra Jha, w/o Sri Rakhohari Pathak r/o Ranipokhar, P.O. P.S. Sector 9 District Bokaro. 7. Sandhya Devi d/o Late Dinesh Chandra Jha w/o Late Rakhohari Jha r/o village & P.O. Badhadih P.S. Chas (M) Kalapathar District Bokaro. 8. Lokesh Nath Jha s/o Late Govind Jha 9. Bhadubala Devi w/o Late Yogesh Chandra Jha s/o Late Satyanarayan Jha. 10. (a) Supriya Jha, w/o late Vikash Chandra Jha (b) Smriti Jha, d/o late Vikash Chandra Jha (c) Mohit Kumar Jha, s/o late Vikash Chandra Jha All resident of village & P.O. Manjura, P.S. Kasmar District Bokaro 11. Prakash Chandra Jha, S/o late Yogesh Chandra Jha 12. Alok Chandra Jha, s/o late Yogesh Chandra Jha Sl. No.8 to 12 r/o village & P.O. Manjura P.S. Kasmar District Bokaro 13. Rupa Devi d/o Yogesh Chandra Jha s/o Late Satyanarayan Jha w/o Sri Bholanath Jha r/o village Ichak P.O Pillai, P.S. Jhalda District Purulia West Bengal. 14. Mana Devi d/o late Yogesh Chandra Jha (s/o Late Satyanarayan Jha) w/o Sri Goutam Kumar Jha r/o Village Bishwanathdih, P.O Kashi Jhariya, P.S. Pindrajora District Bokaro. 15. (a) Mosomat Aadu Jha, w/o late Suresh Chandra Jha 2025:JHHC:33396 3 (b) Tripurari Jha, s/o late Suresh Chandra Jha (c) Uttam Jha, s/o late Suresh Chandra Jha All r/o village and P.O. Manjura P.S. Kasmar District Bokaro at present resident at Sector IX A Qr. No.42 Street no.11 P.S. Bokaro Steel City, District Bokaro (d) Rima Jha, d/o late Suresh Chandra Jha, w/o Sri Amit Jha r/o Chas Saraswati Nagar, Near Chas Block, P.O. P.S. Chas District Bokaro 16. Mosomat Santa Deviya w/o Late Mahesh Chandra Jha s/o Late Satyanarayan Jha residing at Qr. No. 374 Sector 9/A P.O. Sector 9/A P.S. Harla District Bokaro 17. Geeta Devi d/o Late Satya Narayan Jha w/o Sri Mahadev Ojha r/o village Korcha P.O. Bhengra P.S. & District Purulia West Bengal. 18. Mritunjay Chandra Jha s/o Late Niranjan Chandra Jha 19. Adher Chandra Jha s/o Late Niranjan Chandra Jha 20. Sudhir Jha s/o Late Niranjan Chandra Jha. Sl. 18 to 20 r/o village & P.O. Manjura P.S. Kasmar District Bokaro. 21. Most, Mina Devi w/o Late Randhir Jha 22. Biswajit Kumar Jha s/o Late Randhir Kumar Jha 23. Gayitri Kumari d/o Late Randhir Kumar Jha 24. Santosh Kumar Jha s/o Late Sum Puran Jha 25. Ashutosh Kumar Jha s/o Late Sum Puran Jha 26. Nil Kumar Jha s/o Late Sum Puran Jha 27. Ram Kinkar Jha s/o Late Basant Kumar Jha 28. Amar Chandra Jha s/o Late Basant Kumar Jha 29. Harodhan Jha, s/o late Basant Kumar Jha 30. Jitendra Jha s/o Late Basant Kumar Jha 31. (a) Deodas Jha, s/o late Chandra Shekhar Jha (b) Bishnu Jha s/o late Chandra Shekhar Jha Both r/o village and P.O. Manjura P.S. Kasmar District Bokaro (c) Punam Jha d/o late Chandra Shekhar Jha W/o Sri Ranjeet Jha r/o village Dugda basti (Brahman tola) P.O. karmatand P.S. Dugda District Bokaro 32. Deepak Kumar Jha s/o Late Anil Kumar Jha 33. Mrs. Kalpana Jha d/o Late Nirmal Chandra Jha 34. Vivek Chandra Jha s/o Late Nirmal Chandra Jha 35. Vikki Kumar Jha s/o Late Nirmal Chandra Jha Sl. 21 to 35 r/o village and P.O. Manjura P.S. Kasmar District Bokaro 36. Gudiya Kumari @ Sangita Jha d/o Late Nirmal Chandra Jha w/o Sri Goutam Kumar Jha r/o village and P.O. Deoli P.S. Santhaldih Thermal District Purulia West Bengal. 37. Pramod Chandra Jha s/o Late Anil Kumar Jha 2025:JHHC:33396 4 38. (a) Smt. Balika Devya w/o late Santosh Kumar Jha (b) Yadu Kumar Jha, s/o late Santosh Kumar Jha All r/o village and P.O. Chandipur, P.S. Kasmar District Bokaro (c) Ruma Devi d/o late Santosh Kumar Jha w/o Sri Nitu Kumar Jha r/o village and P.O. Chasnala, P.S. Pathardih, District Dhanbad 39. The Deputy Commissioner Bokaro P.O. P.S. Bokaro District Bokaro. 40. The Circle Officer Kasmar, P.O. P.S. Kasmar District Bokaro. 41. The Secretary Chandrapura Matsjibi Co-operative Society Chandrapura P.O. Chandrapura, P.S Chandrapura District Bokaro. … … OP/Opposite Parties --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. H.K. Mahto, Advocate : Mrs. Ahalya Mahto, Advocate : Ms. Jyotsana Mahto, Advocate For the State : Mr. Neil Abhijit Toppo, AC to GA V For the Private Opposite Parties : Mr. Rakesh Kumar Sinha, Advocate --- 29/07.11.2025 I.A. No.11509 of 2025 The learned counsels for the parties are present. 2. This petition has been filed by the opposite party pointing out certain discrepancy in the name of the substituted legal heirs of opposite party nos.10 and 38. 3. The learned counsel for the petitioners has submitted that I.A. No.11506 of 2024 was allowed after hearing the learned counsel for the opposite parties, who had submitted on 11.07.2025 that the names of legal heirs and successors of opposite party no.10 has been rightly mentioned in I.A. No.11506 of 2024. Further by the same order dated 11.07.2025, I.A. No.8440 of 2022 was allowed in connection with substitution of opposite party nos.15 and 38 recording that the learned counsel for the opposite parties had no objection to the prayer for substitution. 4. The learned counsel for the petitioners has further submitted that the substitution petition was based on the names of legal heirs and successors, which have been substituted in the Execution Case No.5 of 2015 arising out of the same suit, which is the subject matter of the 2025:JHHC:33396 5 present appeal. He submits that the petition being I.A. No.11509 of 2025 be rejected. 5. The fact that the prayer for substitution was allowed after hearing the learned counsel for the parties cannot be disputed and it appears that substitution has been carried out in the connected execution case also. 6. Considering the aforesaid facts and circumstances this Court is not inclined to allow I.A. No.11509 of 2025, which is accordingly dismissed. I.A. No.4522 of 2022 7. This interlocutory application has been filed seeking condonation of delay of 136 days in filing the instant civil miscellaneous petition. 8. Heard the learned counsel for the parties on the interlocutory application seeking condonation of delay. 9. The learned counsel for the petitioners has submitted that the case was dismissed on account of non-removal of defects. 10. The learned counsel for the petitioners has referred to paragraph 2 of the interlocutory application and submitted that CMP No.318 of 2007 was dismissed on account of non-compliance of order dated 05.04.2019 and the office memo regarding dismissal was served upon the learned counsel for the petitioners on 10.04.2019 and thereafter steps were taken and, in the meantime, there was summer vacation and ultimately this petition for restoration has been filed. 11. The learned counsel for the respondents has opposed the prayer for condonation of delay and submits that the delay has not been properly explained. 12. After hearing the learned counsels for the parties and considering the facts and circumstances of this case and being satisfied with the cause shown, the prayer for condonation of delay through I.A. No.4522 of 2022 is hereby allowed. 2025:JHHC:33396 6 CMP No.717 of 2019 13. This petition has been filed for restoration of CMP No.318 of 2007, which was dismissed on 10.04.2019 for non-compliance of order dated 05.04.2019. 14. The learned counsel for the petitioners has referred to paragraphs 3 and 4 of the civil miscellaneous petition. 15. The learned counsel for the opposite parties has opposed the prayer. 16. However, after going through the interlocutory application and being satisfied with the cause shown, the prayer for restoration of CMP No.318 of 2007 is allowed and CMP No.717 of 2019 is hereby disposed of. 17. Office is directed to post CMP No.318 of 2007 on 14.11.2025. 18. In the meantime, the learned counsel for the petitioners undertakes and is permitted to comply with the order dated 05.04.2019 passed in CMP No.318 of 2007. (Anubha Rawat Choudhary, J.) 07.11.2025. Saurav/- Uploaded on 08.11.2025