[2026:JHHC:15217] IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.475 of 2018 ------ 1. Most. Shamvati Devi W/o Late Darbari Rai, aged about 62 Years 2. Binod Rai S/o Late Darbari Rai, aged about 40 Years 3. Subodh Rai S/o Late Darbari Rai, aged about 32 Years 4. Raj Kumari Devi, W/o Sri Radhe Kunwar, D/o Late Darbari Rai, aged about 54 years. 5. Karuna Devi, W/o Sri Mahura Rai, D/o Late Darbari Rai, aged about 31 Years. All residents of Village- Rerha, S.C.- Amarpur, P.O. & P.S.- Ramgarh, District- Dumka … Petitioners Versus 1. Jaideo Manjhi S/o Late Dukhan Manjhi 2. Most. Bhago Devi, W/o Late Pashupati Manjhi 3. Nazir Manjhi, S/o Late Pashupati Manjhi 4. Bindi Manjhi, S/o Late Pashupati Manjhi 5. Meena Devi, D/o Late Pashupati Manjhi 6. Fudni Devi, D/o Late Pashupati Manjhi 7. Most Munia Manjhin widow of Paiter Manjhi 8. Haldhar Manjhi 9. Shildhar Manjhi S.No.-8 and 9 are Minor sons of Late Paiter Manjhi, represented through mother and natural guardian Most. Munia Manjhin, Respondent No.-7. All are resident of Village- Raja Simaria, P.O. & P.S.- Jarmundi, District- Dumka 10. Binda Devi, W/o Late Rajbansi @ Gulli Rai 11. Pramod Rai, S/o Late Rajbansi @ Gulli Rai 12. Rabri Devi, W/o Rajram Manjhi 13. Sebri Devi, W/o Sudam Kumar 14. Putul Devi, W/o Ranjit Kumar 15. Purnima Kumari, D/o Late Rajbansi @ Gulli Rai S. No.12 to 14 are daughters of Late Rajbansi @ Gulli Rai Respondent Nos.10 & 11 are residents of Village- Rerha, P.O. & P.S.- Ramgarh, Sub-Division and District- Dumka. Respondent No.12 is resident of Village & P.O.- Gajandha, P.S.- Ramgarh, District- Dumka Respondent Nos.13 and 14 are residents of Naya Chalk, P.O. & P.S.- Ramgarh, District- Dumka. Respondent No.15 is resident of Village- Rerha, P.O. & P.S.- Ramgarh, Sub-Division and District- Dumka 16. Sonia Devi, D/o Late Sashi Rai 17. Meghu Rai, S/o Late Sashi Rai 18. Ganesh Rai, S/o Late Shiv Prasad Rai 19. Sugan Rai, S/o Late Shiv Prasad Rai 20. Prabhu Manjhi, H/o Rameshwari Devi 21. Karu Manjhi 22. Kaila Manjhi 23. Bundi Manjhi (Minor) 24. Mantu Manjhi (Minor) 25. Sanjay Manjhi (Minor) Respondent Nos.21 to 25 are sons of Prabhu Manjhi and Rameshwari Devi 26. Sunita Devi 27. Lubri Devi 28. Rita Devi 29. Genia Kumari 30. Nandita Kumari Respondent Nos.26 to 30 are daughters of Prabhu Manjhi and Rameshwari Devi, All are resident of Village- Pathari, P.O. & P.S.- Hansdiha (Saraikela), Sub-Division and District- Dumka 31. Rabri Devi, W/o Chaturbhuj Kumar, resident of Village & P.O.- Nawadih, P.S- Jarmundi, District- Dumka 32. Makhi Devi, W/o Bhusan Darbey, resident of village and P.O.- Dhengadih, P.S.- Jharmundi, District- Dumka … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Arbind Kr. Sinha, Advocate Mr. Akhouri Prakhar Sinha, Advocate For the Opp. Parties : Mr. Rajesh Kr. Jha, Advocate ------ Order No.09 Dated-15-05-2026 I.A. No.2841 of 2026 Heard the parties. Learned counsel for the petitioners submits that the petitioners do not press the instant interlocutory application. Accordingly, this interlocutory application is rejected as not pressed. (Anil Kumar Choudhary, J.) C.M.P. No.475 of 2018 This civil miscellaneous petition has been filed by the petitioners with the prayer to recall the order No.4 dated 30.08.2018 passed in Second Appeal No.50 of 2011 after setting aside the abatement. It is submitted by the learned counsel for the petitioners that Second Appeal No.50 of 2011 was filed on 16.05.2011 against the judgment and decree dated 15.03.2011 passed by the learned 1st Additional District Judge, Dumka in T.A. No.03 of 2006. It is next submitted that during the pendency of the said Second Appeal, respondent No.2 namely Pashupati Manjhi died on 24.01.2015 leaving behind his widow, two sons and two daughters. I.A. No.4284 of 2015 was filed in the said Second Appeal to substitute the legal heirs and representatives of the deceased respondent No.2 namely Pashupati Manjhi. The legal heirs and representatives of the deceased respondent No.2 namely Pashupati Manjhi have been arrayed as opposite party Nos.2 to 6 in this C.M.P. It is further submitted that the sole appellant namely Darbari Rai died on 09.07.2016 and immediately after coming to know that I.A. No.7967 of 2016 was filed on 29.11.2016, the said application was taken up on 30.08.2018 but the same could not be pointed out by the learned counsel for the appellants, hence, the abatement order was passed. It is further submitted that unless the abatement is set aside, the petitioners will be highly prejudiced. Considering the aforesaid facts, the order dated 30.08.2018 passed in I.A. No.7967 of 2016 arising out of Second Appeal No.50 of 2011 by which the order to the effect that the appeal abates, was passed is recalled in the interest of justice and Second Appeal No.50 of 2011 is restored to the position at which was on 30.08.2018. Registry is directed to list Second Appeal No.50 of 2011 before the concerned Bench in due course. This civil miscellaneous petition stands allowed. (Anil Kumar Choudhary, J.) Dated-15.05.2026-Animesh/