2026:JHHC:7850 --1-- C.M.P. No. 876 of 2024 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 876 of 2024 ---- 1. Jugeshwar Singh, aged about 80 years, son of Late Bihari Singh 2. Krishna Singh, aged about 86 years, son of Bachu Singh 3. Birendra Kumar @ Birendra Singh, aged about 50 years, son of Late Nanheshwar Singh 4. Siya Ram Singh, aged about 49 years, son of Late Nanheshwar Singh 5. Most. Kunti Devi @ Kanti Devi, aged about 85 years, wife of Umeshwar Singh 6. Satendra Singh @ Satyendra Narayan Singh, aged about 65 years, son of Late Umeshwar Singh 7. Anuj Kumar Singh, aged about 48 years, S/o Late Umeshwar Singh 8. Yashwant Kumar Singh, aged about 40 years, S/o Late Umeshwar Singh 9. Sunil Devi, aged about 50 years, W/o Surendra Singh, D/o Late Umeshwar Singh 10. Kalawati Devi, aged about 49 years, W/o Girigesh Singh, D/o Late Umeshwar Singh 11. Dwarika Singh, aged about 80 years, S/o Late Munshi Singh 12. Awadh Singh, aged about 70 years 13. Kamakhya Singh, aged about 59 years 14. Kishore Singh, aged about 68 years 15. Abhay Singh, aged about 53 years, all are sons of Late Ram Prasad Singh All are residents of village – Jhikatiya, PO and PS – Hunterganj, District – Chatra, Jharkhand .... Petitioners -- Versus -- 2026:JHHC:7850 --2-- C.M.P. No. 876 of 2024 1. Chhiteshwar Singh, son of Late Nami Singh 2. Vijay Singh, aged about 65 years, son of Late Ambika Singh 3. Udai Singh, son of Late Parashnath Singh 4. Binay Singh, son of Late Parashnath Singh 5. Kamdeo Singh, son of Late Parashnath Singh 6. Surendra Singh, son of Late Parashnath Singh 7. (a) Toril Bhuiyan (b) Dhurguj Bhuiyan, both are son of Late Jhaman Bhuiyan 8. Bhuneshwari Devi @ Muneshri Devi, W/o Late Kameshwar Bhuiyan All are residents of village – Jhikatiya, PO and PS – Hunterganj, District – Chatra, Jharkhand .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioners :- Ms. Chandana Kumari, Advocate For O.P. Nos.1 and 3 to 6:- Mr. Munna Lal Yadav, Advocate ---- 08/20.03.2026 Mr. Munna Lal Yadav, learned counsel has appeared on behalf of opposite party Nos.1 and 3 to 6. 2. Notice upon the opposite party No.2 has already been effected, however, opposite party No.2 has chosen not to appear. 3. This C.M.P. has been filed for restoration of Second Appeal No.392 of 2016 to its original file which was dismissed for default. 4. Learned counsel appearing for the petitioners submits that second appeal was not marked inadvertently in his dairy and in view of that the counsel has not appeared on that day and consequently it has been dismissed. 5. Learned counsel appearing for the opposite party Nos.1 and 3 to 6 submits that in the order by which it has been dismissed it is 2026:JHHC:7850 --3-- C.M.P. No. 876 of 2024 noted that earlier also the counsel has not appeared and in view of that the second appeal has been dismissed. 6. Considering that the second appeal has been dismissed for default and it has not been decided on merit. 7. For the reasons assigned, S.A. No.392 of 2016 is restored to its original file subject to the payment of cost of Rs.2,500/- to be paid to the learned counsel appearing for the opposite party Nos.1 and 3 to 6. 8. This C.M.P. is allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Dated 20.03.2026 Sangam/