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2025 DAILYLAW 6047 (JHR)

SMT BELA SINHA v. STATE OF JHARKHAND

C.M.P./119/2024 · 2025-09-12

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:28029 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.119 of 2024 ------ 1. Smt. Bela Sinha (aged near about 73 years) W/o Late Madhusudan, resident of 31, Buddha Vihar, Ashok Puram, Opposite Road No.4, Ashok Nagar, P.O.-Ashok Nagar, P.S.- Argora, District-Ranchi, Jharkhand. 2. Mrs. Minita Priyadarshini (aged near about 49 years) W/o Mr. Purnendu Sinha, D/o Late Madhusudan, Resident of CP4, Wing- 2, 4056, Sobha City, Casa Paradiso, 3 & 4, Sobha City, P.O. & P.S.- Hegde Nagar, Thanisandra Main Road, Bangalore, Karnataka. 3. Mrs. Meghna Priyanka (aged about 47 years) W/o Mr. Mritunjay Prasad, resident of 14091, Prestige Lake Side Habilal, Varthur Hobli Gunjur Village, Marathahalli (Sarjapur Road), P.O. & P.S.- Whitefield, Bangalore, Karnataka. 4. Mrigank Pratyush (aged near about 43 years) S/o Late Madhusudan, resident of Fotoelektrik Pauly Gmbh, Wahrbrink-6 Werne, North Rhein, P.O. & P.S.-Werne, Westfalia-59368, Germany. 5. Mr. Manmohan (aged near about 68 years) S/o Late Ishwar Chandra Prasad, Permanent resident of Flat No.205, Satyam Apartment, North Office Para, Doranda, P.O. & P.S.-Doranda, District-Ranchi, At present resident of P.R. 173, RBD Stillwater’s, Silver County Road, HSR Layout Area, P.O. & P.S.-Harabur, Bangalore, Karnataka. … Petitioners Versus 1. The State of Jharkhand 2. General Public of A.G. Co-operative Society, Kadru, P.O.- Doranda, P.S.-Argora at Ranchi. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Prakash Chandra, Advocate For the State : Mr. Ashutosh Anand, AAG-III. ------ Order No:-07 Dated:-12-09-2025 Heard the parties. This civil miscellaneous petition has been filed by the petitioners with a prayer for restoration of Probate Case No.01 of 2020 to its original file which stood dismissed for non-compliance of the order dated 16.12.2021. It is submitted by the learned counsel for the petitioners that Probate Case No.01 of 2020 stood dismissed for non-compliance of the order dated 16.12.2021 by this Court. It is next submitted that during the pendency of the said probate case, the original petitioner no.1 died hence, the said defects could not be removed within the stipulated time; which resulted in dismissal of the said Probate Case No.01 of 2020 for non-compliance. It is next submitted that non-compliance of the order dated 16.12.2021 was neither deliberate nor intentional. It is also submitted that the petitioners have very good grounds to agitate in the said Probate Case No.01 of 2020 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the Probate Case No.01 of 2020 be restored to its original file. Learned counsel appearing for the State has not raised any serious objection. Considering the aforesaid submission of the learned counsel for the petitioners and the facts of this case, Probate Case No.01 of 2020 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 Probate Case No.01 of 2020 before the concerned Bench after a week. This Civil Miscellaneous Petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Abhiraj/