JUDGMENT : Heard learned counsel for the petitioners and the State on the prayer for condonation of delay of 105 days in preferring the instant petition made through I.A. No. 7711/2019 and on the merits of the prayer made in the main restoration petition. 2. This petition seeks restoration of another restoration petition CMP No. 101/2017 in which petitioners failed to remove the surviving defect no. 6 within the peremptory time granted by the Court on 15.12.2018, leading to its dismissal. Delay is sought to be explained with the averment that the present matter is being pursued through a fresh counsel after petitioners came to know about dismissal of their earlier restoration petition. Learned counsel for the petitioners submits that the main matter under WPC No. 1189/2013 relates to the challenge to the order of the Court of Commissioner, Santhal Paragana Division at Dumka passed in Title Appeal No. 1/1989-90, where under judgment and decree of the learned Settlement Court has been affirmed which is in the nature of a partition decree. Valuable rights of the petitioners and other parties are involved in the writ petition. Learned counsel submits that the Court has been pleased to issue notices on Respondent Nos. 5 to 48 in the writ petition, but due to failure in filing requisites within the peremptory time, writ petition stood dismissed. However, petitioners were not at fault, though they would suffer irreparably if the prayer made herein is not allowed. 3. Learned counsel for the State has recorded his presence and does not object to the prayer. 4. It appears from the connected record that CMP No. 101/2017 was dismissed at the stage of removal of defects. As such, on being satisfied with the grounds urged and submissions of learned counsel for the petitioners and the State, delay in preferring the instant petition is condoned. I.A. stands disposed of. Further, in the interest of justice, CMP No. 101/2017 is also restored to its original file, however subject to payment of cost of Rs. 5,000/- (five thousand) in JHALSA within a period of two weeks and receipt thereof be filed in the Registry within the same time. 5. CMP stands disposed of.