HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn. No. 26 of 2026 Date of order: 12.06.2026 Emon Marap vs Riyan Tariang Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr P.K. Borah, Adv. For the Respondent : Mr N.I. Choudhury, Adv. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks restoration of the petitioner’s application filed before the District Council Court i.e., Misc. Crl A. No. 2 of 2025, which came to be dismissed for default. 2. Learned counsel for the petitioner submits that the non- appearance of the learned counsel for the petitioner was unintentional and not deliberate and was clearly circumstantial, inasmuch as, the concerned Advocate was unwell. He further submits that in any event, neither was the respondent’s Advocate present on 14.11.2025 pursuant to which the impugned order came to be passed. Serial No. 03 Supplementary List 2026:MLHC:574 3. Having heard learned counsel for the respective parties, this Court is of the opinion that in the interest of justice, the impugned order passed by the District Council Court dismissing the miscellaneous application for default ought to be quashed and set aside. Accordingly, the impugned order dated 13.11.2025 passed by the District Council Court, is hereby quashed and set aside. The Misc. Crl. A. No. 2 of 2025 is restored back to its original file. Both the parties to appear on the date given by the court and cooperate in the hearing of the said appeal. 4. The aforesaid petition is allowed and disposed of on the aforesaid terms. 5. All parties to act on the authenticated copy of this order. (Revati Mohite Dere) Chief Justice 2026:MLHC:574 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.06.12 17:38:48 IST