2026:JHHC:5287 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 177 of 2024 1. Hriday Pratap Deo, aged 42 years, son of Late Vijay Pratap Deo, R/o At P.O.+P.S. Nagar Untari & District Garhwa 2. Avinash Pratap Deo, aged 36 years, son of Late Vijay Pratap Deo, R/o B-34/65-A, Kabir Nagar, Durga Kund, P.O.+P.S.+District Varanasi (U.P.) 3. Vibhooti Pratap Deo, aged 36 years, son of Late Vijay Pratap Deo, R/o Banshidhar Road, Banshidhar Temple, P.O. & P.S. Nagar Untari & District Garhwa … … Petitioners Versus Dharamjeet Singh, S/o Late Ram Lagan Singh, R/o At, P.O. + P.S. Nagar Untari & District Garhwa … … Opp. Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Gopal K. Sinha, Advocate For the Opp. Party : --- 08/20th February 2026 I.A. No. 12965 of 2024 1. This interlocutory application has been filed seeking condonation of delay of 632 days in filing this petition. 2. Learned counsel for the petitioners submits that in spite of service of notice upon the sole respondent in the limitation petition as well as in the C.M.P., nobody has entered appearance. 3. The learned counsel submits that the application seeking restoration arises out of Second Appeal numbered as S.A. No. 161/2019. 4. The learned counsel has referred to the grounds taken in the interlocutory application and has submitted that in the intervening period there was COVID-19 situation and the sole appellant had expired on 16.11.2020. The Second Appeal was listed on 04.03.2021 and on account of death of the sole appellant, the defects in the Second Appeal could not be removed within stipulated time. 2026:JHHC:5287 2 5. Considering the aforesaid submissions and being satisfied with the cause shown, I.A. No. 12965/2024 seeking condonation of delay is hereby allowed. C.M.P. No. 177 of 2024 6. This petition has been filed for restoration of S.A. No. 161/2019 which was dismissed for default on 03.11.2021 on account of non- removal of defects as pointed out by the office. 7. Learned counsel for the petitioners has submitted that on account of the fact that the sole appellant had himself expired as mentioned above, the defects in the Second Appeal could not be removed. He has submitted that the Second Appeal be restored to its original file and time may be granted to remove the defects in S.A. No. 161/2019. 8. Considering the submissions, time for removal of the defects in the Second Appeal is extended till 01.04.2026. 9. If the defects in the Second Appeal is removed within extended time, office is directed to place S.A. No. 161/2019 before appropriate Bench as per roster on 15.04.2026 under appropriate heading. 10. This C.M.P. is hereby disposed of. (Anubha Rawat Choudhary, J.) Dated: 20.02.2026 Uploaded On: Mukul/-