Jafir Khadim @ Md. Jafir vs Nasima Bibi & Ors. .... .... .... Opp. ...
2025 Latest Caselaw 5373 Jhar

Jharkhand High Court

Jafir Khadim @ Md. Jafir vs Nasima Bibi & Ors. .... .... .... Opp. ... on 29 August, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

                                        ( 2025:JHHC:26422 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  C.M.P. No. 286 of 2025
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Jafir Khadim @ Md. Jafir, Son of Late Noor Mohammad @ Ainul Ahmad .... .... .... Petitioner Versus Nasima Bibi & Ors. .... .... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Md. Azam, Advocate : Mr. Afaque Rashidi, Advocate : Ms. Aulia Begum, Advocate For the Opp. Parties : Mr. Parambir Singh Bajaj, Advocate : Mr. Akash Kumar Gupta, Advocate

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Order No.03 Dated- 29.08.2025

Heard the parties.

It is submitted by the learned counsel for the petitioner that this civil miscellaneous petition has been filed at the instance of the petitioner for restoration of S.A. No. 167 of 2023 to its original file. It is next submitted by the learned counsel for the petitioner that S.A. No. 167 of 2023 was dismissed for non-compliance of the peremptory order of this Court dated 24.09.2024 by which the appellant of the said S.A. No. 167 of 2023 was directed to remove the defects pointed out by the stamp reporter within eight weeks. It is then submitted by the learned counsel for the petitioner that due to the illness of the appellant, the appellant was unable to obtain the certified copy of the judgment and decree as demanded in stamp reporting, hence the defects could not be removed within the stipulated time, resulting in dismissal of the said S.A. No. 167 of 2023. It is next submitted that the petitioner has very good grounds to agitate in the said S.A. No. 167 of 2023 and unless S.A. No. 167 of 2023 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the S.A. No. 167 of 2023 be restored to its original file.

The learned counsel for the opposite parties has no serious objection to the aforesaid prayer.

Considering the aforesaid submission of the learned counsel for the petitioner, S.A. No. 167 of 2023 is restored to its original file to the stage at which, it was before its dismissal.

List S.A. No. 167 of 2023 under the appropriate heading before the appropriate Bench after a week.

(Anil Kumar Choudhary, J.) Sonu-