JUDGMENT : I.A. No. 13418 of 2024 1. Learned counsel for the appellants submits that this interlocutory application has been filed for restoration of first appeal No. 173 of 2018. He submits that the appellant No. 1 namely Jaldhar Munda died on 17.02.2022 but no substitution was carried out in the first appeal and the first appeal was dismissed for default. 2. He submits that the legal heirs of Jaldhar Munda namely Jagarnath Munda, Jageshwar Munda and Umesh Munda has filed the present C.M.P. along with Badri Munda showing the name of their father as Late Jaldhar Munda. He submits that the defect in connection with name of the appellants be ignored. Office has pointed out that Jaldhar Munda has not been made petitioner in this case. 3. Learned counsel for the respondents has no serious objection to the prayer. 4. Considering the aforesaid submissions, the defect in connection with aforesaid party position in C.M.P. is ignored and Interlocutory application being I.A. No. 13418 of 2024 is allowed. I.A. No. 9600 of 2024 5. Learned counsel for the appellants has submitted that this petition has been filed for condonation of delay of 730 days. He submits that the appellant No. 1 in first appeal namely Jaldhar Munda died on 17.02.2022 and the case was dismissed for default during the covid-19 period. 6. Learned counsel for the respondents have no serious objection to the prayer for condonation of delay. No counter affidavit as such has been filed seeking condonation of delay. 7. The case arises out of land acquisition proceeding. Considering the averments made in the interlocutory application seeking condonation of delay and being satisfied with the cause shown, I.A. No. 9600 of 2024 is allowed. C.M.P. No. 897 of 2024 8. This C.M.P. has been filed for restoration of First Appeal No. 173 of 2018 which stood dismissed on 04.07.2022 on account of non- compliance of order dated 09.12.2020 within the pre-emptory time. The learned counsel has submitted that the appellant No. 1 in the first appeal has expired during the pendency of the first appeal. He has also submitted that similar matter as involved in the first appeal are coming on 24 th March, 2025. 9. The learned counsel for the respondents has no serious objection so far as the restoration of first appeal is concerned. 10. He has also submitted that similar matter as involved in the first appeal are coming on 24 th March, 2025. 9. The learned counsel for the respondents has no serious objection so far as the restoration of first appeal is concerned. 10. Considering the averments made in the petition for restoration and being satisfied with the cause shown, the First Appeal No. 173 of 2018 is restored to its original file. 11. Since the first appeal is of the roster of this bench, Post the First Appeal No. 173 of 2018 on 19.03.2025.