2026:JHHC:3521 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.107 of 2026 .... Ghanu Munda, aged about 75 years Son of Late Budhwa Munda @ Ghamu Purty @ Lecha Purty, Resident of Village-Kunjla, P.O. & P.S. Murhu, District-Khunti .… Petitioner Versus Samuel Munda, Son of Late Koka Munda, Resident of Village-Kunjla, P.O. & P.S.-Murhu, District-Khunti .... Opposite Party .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Niranjan Kumar, Adv. For the Opposite Party : .... 02/10.02.2026 1. The present C.M.P. has been filed to set aside the order dated 04.12.2024 passed in Misc. Civil Application No.07/2018 arising out of original (partition) suit no.04/2002 (Annexure-5) whereby and whereunder the learned Civil Judge, Junior Division at Khunti, has dismissed the petitioner on the ground of limitation alongwith not sufficient cause in the application which was filed by the petitioner under Order-IX Rule-13 read with Section 151 of the Code Of Civil Procedure, 1908, whereby and whereunder the plaintiff prayed for set-aside the ex-parte decree of partition suit no.04/2002 because during that period, the petitioner was in jail custody since, 2002-2018 in a criminal case at Birsamunda Central Jail. As a result the petitioner was not able to appear in the aforesaid partition suit while the share upon the suit property is legally right. 2. After some argument, learned counsel for the petitioner seeks permission to withdraw the present civil miscellaneous petition with a liberty to file an appeal in accordance with law. 3. Permission is accorded. 4. Accordingly, the present civil miscellaneous petition stands disposed of with the aforesaid liberty. (Rajesh Kumar, J.) 10.02.2026 Shahid/ Uploaded on 12.02.2026