( 2025:JHHC:19012 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 341 of 2025 ----- 1. Bullu Devi, aged about 54 years, W/o Suresh Prasad Kushwaha, 2. Ranjeet Prasad, aged about 42 years, S/o Late Jagdish Mahto 3. Chandrika Devi, aged about 65 years, W/o Late Jagdish Mahto 4. Raju Prasad Kushwaha, aged about 46 years, S/o Late Jagdish Kushwaha, all residents of village –Arkosha, P.O. & P.S. –Markacho, District –Koderma, Jharkhand. … Petitioners Versus 1. Babulal Ram, son of Late Banwari Ram, 2. Sumitra Devi, W/o Babulal Ram, both are residents of village –Markacho, P.O. & P.S. –Markacho, District – Koderma, Jharkhand. … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Sheo Kr. Singh, Advocate For the Opp. Parties : Mr. Raj Nandan Chatterjee, Advocate ------ Order No.02 Dated- 11.07.2025 I.A. No.4461 of 2025 Heard the learned counsel for the petitioner. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to accept the Vakalatnama on behalf of the opposite party nos. 1 & 2. Prayer is allowed. The Vakalatnama filed by Mr. Raj Nandan Chatterjee, Advocate, on behalf of the opposite party nos. 1 & 2 is accepted in the record. This interlocutory application is disposed of accordingly. (Anil Kumar Choudhary, J.) I.A. No.3450 of 2025 Heard the parties. This interlocutory application has been filed with a prayer to condone the delay of 962 days in filing this civil miscellaneous petition. It is submitted by the learned counsel for the petitioners that in Second Appeal No. 137 of 2009 time was allowed to the appellants therein, who are the petitioners herein subject to deposit of Rs.2,000/- with the Jharkhand State Legal Services Authority (JHALSA). It is next submitted that the Advocate’s Clerk could not inform the same to the appellants, hence Rs.2,000/- could not be deposited with the Jharkhand State Legal Services Authority (JHALSA) within the stipulated time resulting in dismissal of the said Second Appeal No. 137 of 2009 but the appellants remained unaware about the same and by the time they could know about the dismissal of the said Second Appeal No. 137 of 2009, delay has already occurred. It is next submitted that the delay was neither intentional nor deliberate and the petitioners have very good grounds to agitate in this civil miscellaneous petition and unless the delay in filing this civil miscellaneous petition is condoned, the petitioners will be highly prejudiced. Considering the facts and circumstances of the case, the delay of 962 days in filing this instant civil miscellaneous petition is condoned. This interlocutory application stands disposed of accordingly. (Anil Kumar Choudhary, J.) C.M.P. No. 341 of 2025 Heard the parties. It is submitted by the learned counsel for the petitioner that this civil miscellaneous petition has been filed at the instance of the petitioners for restoration of S.A. No. 137 of 2009 to its original file. It is next submitted by the learned counsel for the petitioners that S.A. No. 137 of 2009 was dismissed for non-compliance of peremptory order of depositing cost of Rs.2000/- with the Jharkhand State Legal Services Authority (JHALSA). It is then submitted by the learned counsel for the petitioners that as the Advocate’s Clerk went to his native place and could not inform the petitioners about the said peremptory order, the same could not be complied within the stipulated time and the same resulted in dismissal of S.A. No. 137 of 2009. It is next submitted that the petitioners have very good grounds to agitate in the said S.A. No. 137 of 2009 and unless S.A. No. 137 of 2009 is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the S.A. No. 137 of 2009 be restored to its original file. Considering the aforesaid submission of the learned counsel for the petitioners, S.A. No. 137 of 2009 is restored to its original file to the stage at which, it was before its dismissal. List S.A. No. 137 of 2009 under the appropriate heading, before the appropriate Bench, after a week. (Anil Kumar Choudhary, J.) Sonu-Gunjan/