2026:JHHC:24424 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 577 of 2026 1. Ashok Kumar Ashok, aged about 52 years, Son of Late Koushalya Devi, 2. Prabhat Kumar, aged about 32 years, Son of Late Koushalya Devi, 3. Pankaj Kumar Yadav, aged about 48 years, Son of Late Koushalya Devi 4. Koyal Devi, aged about 41 years, Wife of Basant Kumar, 5. Suman Kumar Yadav, aged about 21 years, Son of Basant Kumar Yadav, 6. Sangeeta Devi, aged about 48 years, D/o Late Koushalya Devi 7. Mahendra Narayan Yadav, aged about 87 years, H/O Late Koushalya Devi, All resident of Village Gardih, P.O. & P.S. Birni, Dist. Giridih. … … Appellants/Petitioners Versus 1. Chhotu Singh Yadav, Son of Late Bishun Mahto, 2. Lakhan Yadav, Son of Late Bishun Mahto Both are resident of Village- Hethli Pradhandih, P.O. & P.S. Dhanwar, Dist. Giridih. … … Respondents/Opp. Parties --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Sanjay Prasad, Advocate For the Opp. Parties : Mr. Ram Lakhan Yadav, Advocate --- 09/14.08.2026 Heard the learned counsels appearing on behalf of the parties. 2. This CMP has been filed for restoration of S.A. No. 44 of 2023 which stood dismissed on account of non-appearance of the learned counsel for the appellants on 12.06.2025. 3. Learned counsel for the petitioners submits that he was busy in another court and therefore, he could not appear when the case was called out. 4. Learned counsel for the opposite party nos. 1 and 2 has opposed the prayer for restoration of S.A. No. 44 of 2023 and has submitted that explanation is not sufficient. 5. After hearing the learned counsels for the parties, the fact remains that the second appeal was called repeatedly, but the appellants remained absent on 12.06.2025 in S.A. No. 44 of 2023. However, in the interest of justice, the S.A. No. 44 of 2023 is restored 2026:JHHC:24424 2 to its original file subject to payment of cost of Rs. 5,000/- to be deposited before the Learned Registrar General of this Court. 6. It will be open to the learned counsel for the opposite parties to furnish the bank account details of opposite party no. 1 to the learned Registrar General of this High Court so that the amount is remitted directly in the bank account of opposite party no. 1. 7. The aforesaid cost of Rs. 5,000/- be deposited within a period of 15 days from today, failing which the S.A. No. 44 of 2023 will not be restored. 8. If the cost is deposited in the stipulated time, the office is directed to list S.A. No. 44 of 2023 before appropriate bench as per roster. 9. This C.M.P. is accordingly disposed of in aforesaid terms. (Anubha Rawat Choudhary, J.) Date of Order: 14.08.2026 Pankaj Date of Uploading: 17.08.2026