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2026 DAILYLAW 18926 (JHR)

MD. BELAL AHMAD v. MD. AYUB

C.M.P./419/2025 · 2026-07-03

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:19544] IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.419 of 2025 ------ Md. Belal @ Md. Belal Ahmad, aged about 62 years, Son of Late Md. Sahadat Hussain, resident of Chatra Mohalla Line, P.O., P.S. and District Chatra (Jharkhand) … Petitioner Versus 1. Md. Ayub, Son of Late Noor Mohammad, resident of Chatra Mohalla Line, Rahmat Nagar (Bind) P.O., P.S. & Dist- Chatra, at present resident of near Chota Talab, Nadi Ground Area, P.O. and P.S. Hindpiri, District- Ranchi. 2. Quirasha Khatoon, Daughter of Late Noor Mohammad and Wife of Moeez Rayeen, resident of Lake Road, P.O. and P.S. Hindpiri, District- Ranchi. 3. Munki Khatoon, Daughter of Late Noor Mohammad and Wife of Md. Muslim, resident of Gowal Toli Chowk, Kasai Mohalla, P.O., P.S. and Dist.- Hazaribagh, resident of Pelawal, Bhatti road, P.O.- Romi, P.S. Sadar, District- Hazaribagh (Jharkhand) … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Amar Kr. Sinha, Sr. Advocate For the Opp. Parties : Mr. Sarvendra Kumar, Advocate ------ Order No:-06 Dated:-03-07-2026 Heard the parties. This civil miscellaneous petition has been filed by the petitioner with the prayer for restoration of S.A. No.117 of 2007 to its original file which stood dismissed for non-compliance of the peremptory order dated 15.09.2022 passed by this Court. It is submitted by the learned senior counsel for the petitioner that S.A. No.117 of 2007 stood dismissed for non-compliance of the peremptory order dated 15.09.2022 passed by this Court to file the proof of payment of cost of Rs.1,000/- to the respondents appearing in the record. It is next submitted that due to inadvertence and bonafide mistake, the said amount could not be deposited within the stipulated time which resulted in dismissal of the said S.A. No.117 of 2007 for non-compliance of the said peremptory order dated 15.09.2022 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 15.09.2022 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said S.A. No.117 of 2007 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that S.A. No.117 of 2007 be restored to its original file. Learned counsel appearing for the opposite parties has not raised any objection. Considering the aforesaid submission of the learned counsel for the petitioner, S.A. No.117 of 2007 is directed to be restored to its original file at the same stage at which it was before its dismissal. Registry is directed to list S.A. No.117 of 2007 before the concerned Bench after a week. This civil miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Dated-03.07.2026-Animesh/