( 2025:JHHC:32713 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 781 of 2025 --------- 1. Md. Sirajuddin Mian, aged about 70 years 2. Gulam Rasul, aged about 82 years Both are son of Late Atu Hussain, R/o- Village-Gajuatand, P.O.- Dhanbad, P.S.-Dhansar, District-Dhanbad, Jharkhand … … Petitioners Versus 1. Meera Sengupta 2. Banani Sengupta, Both are D/o Late Rash Behari Sengupta, R/o-Jnan Mukharjee Road, Hirapur, P.O., P.S. & District-Dhanbad 3. Asma Khatoon, W/o-Late Md. Elias 4. B.B. Gadi, Second, W/o-Late Md. Elias 5. Md. Khaleque, S/o Late Md. Elias 6. Md. Sayed Elias, S/o-Late Md. Elias 7. Md. Wahid, S/o Late Elias 8. Noorjahan, D/o-Late Md. Elias 9. Sahida Khatoon, D/o-Late Md. Elias 10. Md. Moinuddin, S/o-Late Md. Elias 11. Md. Mahmood, S/o-Late Md. Elias 12. Md. Sajid, S/o- Late Md. Elias 13. Nasima Khatoon, D/o- Late Md. Elias 14. Suti Khatoon, D/o- Late Md. Elias All are R/o Gajuatand, P.S.-Dhansar, P.O. & District-Dhanbad 15. Maya Sengupta, W/o-Late Shakti Pada Sengupta 16. Binoy Kumar Sengupta, S/o-Late Shakti Pado Sengupta, 17. Amit Kumar Sengupta, S/o Late Shakto Pado Sengupta, 18. Ajit Kumar Sengupta, S/o-Late Shakto Pado Sengupta 19. Gautam Sengupta, S/o-Late Shakto Pado Sengupta 20. Madhmita Sengupta D/o Late Shakti Pado Sengupta All are R/o Jnan Mukharjee Road, Hirapur, P.O., P.S. & District- Dhanbad …. Opp. Parties --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioners : Mr. Akhilesh Kumar Singh, Advocate For the Opp. Parties : ----------- 02/Dated: 30th October, 2025 1. Heard learned counsel for the parties. 2. This civil miscellaneous petition has been filed with a prayer for restoration of Second Appeal No.396 of 2015 to its original file, which was stood ( 2025:JHHC:32713 ) 2 dismissed for non-compliance of the order dated 16.06.2025 passed by this Court. 3. It is submitted by the learned counsel for the petitioners that as per the order dated 28.04.2025, a prayer was made to file Vakalatnama on behalf of the petitioners/appellants and the matter was again listed on 16.06.2025 before this Court but due to illness of the arguing counsel, he could not appear before the court and file Vakalatnama in time, hence, the case was dismissed for non-compliance. It is further submitted that there is no deliberate inaction on the part of petitioners. Petitioners have very good grounds to agitate in Second Appeal No.396 of 2015 and unless Second Appeal No.396 of 2015 is restored to its original file, the petitioners/appellants will be highly prejudiced. Hence, it is submitted that Second Appeal No.396 of 2015 may be restored to its original file. 4. Considering the aforesaid submission of the learned counsel for the petitioners and for the ends of justice, Second Appeal No.396 of 2015 is restored to its original file. 5. Registry is directed to list Second Appeal No.396 of 2015 before the concerned Bench. 6. Learned counsel appearing on behalf of the petitioners is directed to file vakalatnama on behalf of petitioners within two weeks. 7. This civil miscellaneous petition is allowed accordingly. (Pradeep Kumar Srivastava, J.) 30/10/2025 Pappu/- Uploaded:- 01/11/2025