Patna High CourtMJC/115/2019allowed

Jyotish Kumar Jha @ Jyotish Jha v. Pawan Kumar Jha

2019-04-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.115 of 2019 In SECOND APPEAL No.479 of 2012 ====================================================== Jyotish Kumar Jha @ Jyotish Jha, aged about 57 years, Male, Son of Late Chandra Kishore Jha, resident of village Rampur, P.S. Murlilganj, District Madhepura.

Petitioner

Versus

1. Pawan Kumar Jha, aged about 38 years, Male, Son of Digambar Jha

2. Raushan Kumar Jha, aged about 35 years, Male, Son of Digambar Jha

3. Digambar Jha, aged about 70 years, Male, Son of Shivanand Jha All No. 1 to 3 residents of Village Rampur, P.S. Murliganj, District Madhepura. (Plaintiffs/ Respondents)

4. Arvind Jha, aged about 70 years, Male

5. Anil Kumar Jha, aged about 50 years, Male

6. Lalan Kumar Jha, aged about 52 years, Male All No. 4 to 6 sons of Late Chandra Kishore Jha, resident of village Rampur, P.S. Murliganj, District Madhepura, (Defendants/Appellants). ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner.

This restoration petition is filed for restoration of Second Appeal No.479 of 2012, which was dismissed due to non-compliance of the order dated 02.07.2015. Learned counsel for the petitioner submits that due to inadvertence, the case was not marked in the daily cause list and, therefore, learned counsel for the petitioner could not attend the Court when Second Appeal No.479 of 2012 was called out. Consequently Second Appeal No.479 of 2012 was

Patna High Court MJC No.115 of 2019(3) dt.18-04-2019 2/2 dismissed for non-compliance of the peremptory order dated 02.07.2015.

Taking into consideration the facts aforesaid, the restoration petition is allowed and Second Appeal No.479 of 2012 is restored to its original file.

(Prabhat Kumar Jha, J) S.KUMAR/- U