Dismissed¶30

MD Shahadat Hussain v. Mohiuddin Mian

Jharkhand HC6 Nov 2025C.M.P./207/2020

Case brief

AI extract

What is this about?

Condonation of delay refused; 398 days' delay in filing C.M.P. No. 207 of 2020 (for restoration of C.R. No. 15 of 2014, dismissed 03.01.2019 for non-compliance of order dated 07.12.2018); I.A. No. 4369 of 2024 dismissed for insufficient reasons; C.M.P. consequently dismissed as time-barred; counsel's misapprehension about I.A. Nos. 10883 and 8071 of 2018 not accepted; High Court of Jharkhand, Ranchi; Pradeep Kumar Srivastava, J.; 06.11.2025.

What did the court decide?

No sufficient reasons have been assigned for the inordinate delay in filing the C.M.P.; accordingly, I.A. No. 4369 of 2024 (condonation of delay) stands dismissed. ¶29

MD Shahadat Hussain Vs Mohiuddin Mian — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:33154

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 207 of 2020

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Md. Shahadat Hussain, aged about 60 years, son of Late Shah Mohammad

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Shahruddin, aged about 55 years, son of Late Shah Mohammad

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Md. Afzal Ansari, aged about 40 years, son of Late Shah Mohammad

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Kulsum Khatoon, aged about 45 years, wife of Zahoor Ansari

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Shakeela Khatoon, aged about 30 years, wife of Abdul Majid All residents of village-Fulsara, P.O. Hesla, P.S. Giddi, Dist. Hazaribag

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Jamila Khatoon, aged about 70 years, widow of Late Noor Mohammad, R/o-Vill- Manuwa, P.O. & P.S.-Mandu, Dist. Hazaribag

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Mustakim Ansari@ Mustakim, aged about 56 years, son of Late Noor Mohammad, R/o-Vill- Manuwa, P.O. & P.S.-Mandu, Dist. Hazaribag

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Md. Barik Ansari, aged about 45 years, son of Late Noor Mohammad, R/o-Vill- Manuwa, P.O. & P.S.-Mandu, Dist. Hazaribag ... ... Petitioners

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Versus

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Mohiuddin Mian

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Sattar Mian; Both sons of Late Usman Mian

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Sobrati Mian, son of Late Moniruddin Mian No. 1 and 3 are R/o-Vill-Fulsara, P.O. Hesla, P.S. Giddi (Old P.S. Mandu), Dist. Hazaribag

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Laibun Khatoon, D/o Late Sadik Mian, widow of Late Hussaini Mian, R/o-Vill. Fulsara, P.O. Hesla, P.S. Giddi (Old P.S. Mandu), Dist. Hazaribag

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Amna Khatoon, D/o-Late Sadique Mian, wife of Minhaz Mian, R/oVill- Gandkey, P.O, P.S. and Dist.-Ramgarh

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… … Opp. Parties

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-----

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CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-------For the Petitioners : Mr. Altaf Hussain, Advocate For the Opp. Parties : Ms. Aulia Begum, Advocate Mr. Abdul Kalam Rashidi, Advocate

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Order No. 06/ Dated: 06^th November, 2025

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I.A. No. 4369 of 2024

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The instant interlocutory application being I.A. No. 4369 of 2024 has been filed with a prayer to condone the delay of 398 days in filing the Civil Misc. Petition, which is filed for restoration of C.R. No. 15 of 2014, which stood dismissed on 03.01.2019, due to non-compliance of order dated 07.12.2018.

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Learned counsel appearing for the petitioners submits that the

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2025:JHHC:33154

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counsel who argued the case on 07.12.2018, could not clearly hear about the issuance of notice and was in impression that both the I.A.s being I.A. No. 10883 of 2018 and I.A. No. 8071 of 2018 stood allowed without issuance of notice to the respondents.

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Considering the aforesaid, it appears that no sufficient reasons have been assigned for the inordinate delay in filing this C.M.P. Accordingly, the instant I.A. No. 4369 of 2024 stands dismissed.

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In consequent thereof, this C.M.P. also stands dismissed as timebarred.

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(Pradeep Kumar Srivastava, J.)

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06.11.2025

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Basant

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2 C.M.P.. No. 207 of 2020

MD Shahadat Hussain v. Mohiuddin Mian

Case brief

What is this about?

What did the court decide?

MD Shahadat Hussain v. Mohiuddin Mian

Case brief

What is this about?

What did the court decide?

What the court decided

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