2026:JHHC:19359 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 623 of 2026 -------- 1. Baijnath Mahto, aged about 63 years, S/o. Late Chetan Mahto; 2. Munna Mahto, aged about 56 years, S/o. Late Chetan Mahto; 3. Nepali Mahto, aged about 75 years, S/o. Late Chentan Mahto. All are R/o. Vill.- Behrabaran, P.O.- Malhara, P.S.- Mohanpur, Dist.- Deoghar. ... ... Appellants Versus 1. Shankar Mahto, S/o. Late Saru Mahto; 2. Chanu Mahto, S/o. Late Antu Mahto; 3. Dhashrath Mahto, S/o. Late Nuneshwar Mahto; 4. Dani Mahto, S/o. Late Nuneshwar Mahto; 5. Ganesh Mahto, S/o. Late Nuneshwar Mahto; 6. Kartik Mahto, S/o. Late Nuneshwar Mahto. All are R/o. Vill.- Behrabaran, P.O.- Malhara, P.S.- Mohanpur, Dist.- Deoghar. Another …… Respondents -------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Appellants : Mr. Niranjan Kumar, Advocate Order No. 02/ Dated: 02nd July, 2026 I.A. No. 8363 of 2026 1. Heard learned counsel for the appellants. 2. The instant interlocutory application being I.A. No. 8363 of 2026 has been filed with a prayer to condone the delay of 781 days in filing of the Civil Misc. Petition, which is filed for restoration of Second Appeal No. 105 of 2022, which stood dismissed for default, due to non-compliance of peremptory order dated 02.01.2024. 3. Having been satisfied with the reasons assigned in the instant application, the same is allowed and the delay of 781 days in filing of the Civil Misc. Petition, which is filed for restoration of Second Appeal No. 105 of 2022 is, hereby, condoned. 4. Accordingly, the interlocutory application being I.A. No. 8363 of 2026 stands allowed and disposed of. C.M.P. No. 623 of 2026 5. This civil miscellaneous petition has been filed with a prayer for restoration of Second Appeal No. 105 of 2022, to its original file, which stood dismissed for default, due to non-compliance of peremptory order dated 02.01.2024. 2026:JHHC:19359 6. It has been submitted by learned counsel for the appellants that the Second Appeal No. 105 of 2022 was listed before the Hon'ble Court on 02.01.2024 and the Hon'ble Court had granted two weeks' time to remove the surviving defects and peremptory order was passed. It is further submitted that due to inadvertence and bonafide mistakes, some of the defects could not be removed. It is further submitted that the laches on part of the appellant was neither deliberate nor intentional. Appellants have very good grounds to agitate in the Second Appeal No. 105 of 2022 and unless Second Appeal No. 105 of 2022 is restored to its original file, the appellants will be highly prejudiced. Hence, it is submitted that Second Appeal No. 105 of 2022 may be restored to its original file. 7. Considering the aforesaid submission raised on behalf of the appellants and for the ends of justice, Second Appeal No. 105 of 2022 is restored to its original file, subject to the condition that defects must be removed positively within 10 days. 8. Registry is directed to list Second Appeal No. 105 of 2022 before the concerned appropriate Bench, if the defect is removed. 9. This civil miscellaneous petition is allowed accordingly. (Pradeep Kumar Srivastava, J.) Dated: 02.07.2026 Rahul Uploaded on 03/07/2026