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2025 DAILYLAW 7693 (JHR)

MD FAKRUDDIN v. KHUTEJA KHATOON

C.M.P./233/2023 · 2025-08-22

Anil Kumar Choudhary

body2025

Judgment text

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[ 2025:JHHC:24985 ] IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 233 of 2023 Md. Fakruddin … Petitioner Versus Khuteja Khatoon & Ors. … Opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Anuj Kumar , Adv. For the Opp. Parties : Mr. Pankaj Srivastava, Adv. 06 / 22.08.2025 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of S.A. No. 505 of 2017 to its original file. Learned counsel for the petitioner submits that the S.A. No. 505 of 2017 was dismissed for default of the appellant vide order dated 22.02.2023. Learned counsel for the petitioners submits that the advocate on record, due to his serious illness, could not appear in the court when the case was called out, which resulted in dismissal of S.A. No. 505 of 2017. It is further submitted that the petitioner has very good grounds to agitate in this case and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that S.A. No. 505 of 2017 be restored to its original file. Learned counsel for the opp. parties has no serious objection for the prayer of restoration. Considering the aforesaid submission of the learned counsel for the petitioner, S.A. No. 505 of 2017 is restored to its original file to the stage, at which, it was before its dismissal. List S.A. No. 505 of 2017 after a week before the appropriate Bench. This civil miscellaneous petition is disposed of accordingly. (ANIL KUMAR CHOUDHARY, J.) Smita/-