Allowed¶48

Most. Kaushiya Devi v. Sohrai Kumhar

Jharkhand HC6 Nov 2025C.M.P./723/2025

Case brief

AI extract

What is this about?

Jharkhand High Court Ranchi; C.M.P. No. 723 of 2025; Most. Kaushiya Devi v. Sohrai Kumhar; condonation of delay of 353 days; I.A. No. 1278 of 2025 allowed; I.A. No. 1280 of 2025 disposed; exemption for deceased petitioner Sitwa Kumharin; legal heirs arrayed as petitioner Nos. 9 to 15; defect No. 90(a) ignored; restoration of Second Appeal No. 57 of 2021 dismissed for default on 11.01.2024; non-compliance of order dated 21.12.2023; Justice Pradeep Kumar Srivastava; order dated 06.11.2025; parties from Chatra, Latehar and Hazaribagh districts.

What did the court decide?

Condonation of the 353-day delay in filing C.M.P. No. 723 of 2025 (I.A. No. 1278 of 2025 allowed); defect No. 90(a) ignored and I.A. No. 1280 of 2025 disposed of; Second Appeal No. 57 of 2021 restored to its original file. ¶48

Most. Kaushiya Devi Vs Sohrai Kumhar — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:33126

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 723 of 2025

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Most. Kaushiya Devi, aged about 74 years, W/o Late Sahdeo Kumar

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Badhe Prajapati, aged about 66 years

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Mohan Kumhar, aged about 68 years

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Bedo Kumhar, aged about 64 years Nos. 2 to 4 are sons of Late Thanu Kumhar

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Baleshwar Kumhar, aged about 46 years

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Kameshwar Kumhar, aged about 42 years Nos. 5 & 6 are sons of Sahdeo Kumhar

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Nos. 1 to 6 are R/o Village-Hunkar Khap, P.O. Jabra, P.S.-Simaria, District-Chatra

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Kabulia Devi, aged about 69 years, D/o Late Thanu Prajapati, W/o Dewa Prajapati, R/o Village-Lambua, P.O.-Dhagada, P.S.-Tandwa, District-Chatra

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Bhulani Devi, aged about 42 years, D/o Late Sahdeo Kumhar, W/o Sitaram Prajapati, R/o Village-Patrangi, P.O.-Balsagra, P.O.-Mandu, District-Hazaribagh

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Prem Kumhar, aged about 59 years

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10.Badrup Kumhar, aged about 60 years Nos. 9 & 10 are sons of Late Bodhan Kumhar Nos. 9 & 10 are R/o Village-Kunkar Khap, P.O. & P.S.-Simaria, District-Chatra

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Bhikani Devi, aged about 74 years, D/o Late Bodhan Kumhar, W/o Aato Prajapati, R/o Village-Phulsu, P.O. & P.S.-Balumath, DistrictLatehar

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12.Hemni Devi, aged about 69 years, D/o Late Bodhan Kumhar, W/o Bansi Prajapati, R/o Village-Bachara, P.O.-Darha, P.S.-Balumath, District-Latehar

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13.Gendo Devi, aged about 59 years, D/o Late Bodhan Kumhar, W/o Arjun Prajapati, R/o Village-Chatra Line Mohalla, P.O., P.S. & District-Chatra

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14.Bhulwa Devi, aged about 46 years, D/o Late Bodhan Kumhar, W/o Santosh Prajapati, R/o Village-Pahara, P.O. & P.S.-Gidhour, DistrictChatra

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15.Sugiya Devi, aged about 40 years, D/o Late Bodhan Kumhar, W/o Mahendra Prajapati, R/o Village-Godhai, P.O.-Hapua, P.S. & DistrictChatra ... ... Petitioners

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Versus

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Sohrai Kumhar, S/o Late Tilak Kumhar

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Most. Fuliya Devi, W/o Late Prabhu Kumhar

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Ganesh Ram @ Kumhar, S/o Late Prabhu Kumhar Nos. 1 to 3 are R/o Village-Hunkarkhap, P.O.-Jabda, P.S.-Simaria, District-Chatra

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Malti Devi, D/o Late Prabhu Kumhar, W/o Guddu Prajapati, R/o Village-Hethluto, P.O.-Kura, P.S. & District-Latehar

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Soni Devi, D/o Late Prabhu Kumhar, W/o Sri Jiwan Prajapati, R/o Village-Role, P.O. & P.S.-Simaria, District-Chatra

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Girwa Devi, D/o Late Tilak Kumhar, W/o Gujnath Prajapati, R/o

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2025:JHHC:33126

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Village-Kurumdari, P.O. & P.S.-Simaria, District-Chatra

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1. Kalo Devi, D/o Late Tilak Kumhar, W/o Pairam Prajapati, R/o Village-Kurumdari, P.O.-Jabra, P.S.-Simaria, District-Chatra

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… … Opp. Parties

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CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-------For the Petitioners : Mr. Kundan Kr. Ambastha, Advocate For the Opp. Parties :

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

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I.A. No. 1278 of 2025:-

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This application has been preferred by the petitioners for condoning the delay of 353 days in filing the C.M.P., the details of which has been mentioned in paragraph Nos. 10 & 11.

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Having been satisfied with the reasons assigned in the instant application, the same is allowed and the delay of 353 days in filing the C.M.P. is hereby condoned.

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Accordingly, I.A. No. 1278 of 2025 is allowed.

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I.A. No. 1280 of 2025:-

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As per office notes, it appears that defect No. 90(a) stands still.

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However, this application has been preferred for grant of exemption from arraying Sitwa Kumharin as petitioner who died during the pendency of Second Appeal No. 57 of 2021 and her legal heirs/representatives namely Prem Kumhar, Badrup Kumhar, Bhikhani Devi, Hemni Devi, Gendo Devi, Bhulwa Devi and Sugiya Devi appellant Nos. 10 to 16 are already on the records and they have been arrayed as petitioner Nos. 9 to 15.

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In view of the aforesaid facts defect ignored and I.A. No. 1280 of 2025 is disposed of.

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2025:JHHC:33126

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C.M.P. No.723 of 2025:-

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This application has been preferred for restoration of Second Appeal No. 57 of 2021 which was dismissed for default on 11.01.2024 for non-compliance of the order dated 21.12.2023.

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On consideration of the reasons assigned in the instant application, the same is allowed and Second Appeal No. 57 of 2021 is restored to its original file.

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(Pradeep Kumar Srivastava, J.)

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06.11.2025 Arpit

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Most. Kaushiya Devi v. Sohrai Kumhar

Case brief

What is this about?

What did the court decide?

Most. Kaushiya Devi v. Sohrai Kumhar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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