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2026:JHHC:24428
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 624 of 2026 With I.A. No. 5270 of 2026
Smt. Manju Choudhary, aged about 66 years, Wife of Om Prakash Choudhary, and grandmother of minor Akshit Choudhary, present and permanent resident of H.No.1, Hill View Road, Kunj Nagar, P.O and P.S Sonari, Town Jamshedpur, Dist-East Singhbhum, Jharkhand.
… … Appellant/Petitioner
Versus
Smt. Swati Choudhary, widow of Late Nileysh Choudhary, Daughter of Sri. Pradip Kejriwal, R/O 61/A, Bag Bazar Street, Near Multi- Purpose Park, Kolkata North, West Bengal.
… … Respondent/ Opp. Party ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Petitioner : Mr. Raunak Sahay, Advocate
For the Opp. Party : Mr. Rahul Kumar, Advocate
---
07/14.08.2026
Learned counsels for the parties are present.
2. This C.M.P. has been filed for restoration of F.A. (Filing No.) 3181 of 2025 which stood dismissed on 19.12.2025 on account of non-removal of defects in terms of order dated 21.11.2025.
3. An interlocutory application being I.A. No. 5270 of 2026 has been filed seeking condonation of delay of 59 days in filing the Civil Miscellaneous Petition.
4.
Learned counsel for the petitioner submits that on account of inadvertence, the defects in the First Appeal could not be removed within time and the petitioner came to know that the case has been dismissed for default in the month of March, 2026. The learned counsel submits that the case was being conducted by some other counsel and on account of the aforesaid fact, there has been delay in filing the petition for restoration.
5.
Learned counsel for the opposite party has opposed the prayer for restoration.
2026:JHHC:24428
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6. After hearing the learned counsels for the parties and being satisfied with the cause shown, the delay in filing the restoration petition is condoned and I.A. No. 5270 of 2026 is allowed.
7. So far as Civil Miscellaneous Petition is concerned, the time for removal of defects which was granted vide order dated 21.11.2025 in F.A. (Filing No.) 3181 of 2025 is extended till 11th September, 2026.
8. If the defects in the First Appeal are removed within the extended time, office is directed to list the First Appeal on 16th September, 2026.
9. This Civil Miscellaneous Petition is disposed of.
(Anubha Rawat Choudhary, J.)
Date of Order: 14.08.2026 Pankaj Date of Uploading: 17.08.2026