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2026 DAILYLAW 27178 (JHR)

NAND LAL MAHTO v. SARAD KUMAR PODDAR

C.M.P./453/2025 · 2026-09-18

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:28376] IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 453 of 2025 1. Nand Lal Mahto (73Yrs.) 2. Mani Lal Mahto @Munu Lal Mahto (64Yrs.) 3. Babu Lal Mahto (58 yrs.) 4. Jhabu Lal Mahto (54 Yrs.) All sons of late Puran Mahto All resident of village Chutu, P.O Neori, P.S. Sadar,Dist.-Ranchi … Petitioners Versus 1. Rita Poddar, W/o Late Sarad Kumar Poddar 2. Jayat Poddar, S/o Late Sarad LKumar Poddar 3. Yash Poddar, S/o Late Sarad Kumar Poddar … Opp. Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Harendra Kr. Mahto, Adv. For the O.Ps. : Mr. Bibhas Sinha, Adv. Mr. Risav Raj, Adv. 09 / 18.09.2026 I.A. No. 3167 of 2026 Heard the parties. This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of S.A. No. 186 of 2010 to its original file. Learned counsel for the petitioner submits that the S.A. No. 186 of 2010 was dismissed for non-compliance of the order dated 29.09.2022 of filing the proof of deposit of Rs. 1,000/- with JHALSA by the appellant within the peremptory period. Learned counsel for the petitioners submits that due to inadvertence, the said order could not be complied with in time, which resulted in dismissal of S.A. No. 186 of 2010. It is further submitted that the petitioners have very good grounds to agitate in this case and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that S.A. No. 186 of 2010 be restored to its original file. Learned counsel for the opposite party submits that the opposite party has been harassed by the petitioners by delaying the matter, hence, the opposite parties be compensated adequately in terms of cost. Considering the facts of the case and the aforesaid submission of the learned counsel for the petitioners, S.A. No. 186 of 2010 is directed to be restored to its original file subject to payment of cost of Rs. 10,000/- by the petitioners to the opposite parties through his counsel appearing in the record within four weeks, failing which, this conditional order shall not be given effect to and S.A. No. 186 of 2010 shall remain dismissed without further reference to the Bench. In case, the petitioners file the proof of payment of Rs. 10,000/- to the opposite parties through learned counsel for the opposite parties appearing in the record, then S.A. No. 186 of 2010 be restored to its original file and S.A. No. 186 of 2010 be listed after a week of the said payment before the appropriate bench. This civil miscellaneous petition is disposed of accordingly and in view of the disposal of this civil miscellaneous petition, the pending interlocutory application, if any, is also disposed of being infructuous. (ANIL KUMAR CHOUDHARY, J.) Dated 18.09.2026 Smita/-