Bhajawan Singh And ORS v. Kant Lal Roy And ORS

Patna High Court MJC No.593 of 1984 (12) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.593 of 1984 ====================================================== Bhajawan Singh & Ors .... .... Petitioner/s

Versus

Kant Lal Roy & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod B.Mathur For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12.07.2017 No one appears on behalf of the petitioners on repeated call. Office has placed report dated 1.5.2017 and according to the office, notices were issued to opposite party nos. 1 to 5. Service report received which has been placed on record as flag 'X'. The service report goes to show that opposite party nos. 1 to 5 and opposite party nos. 7 to 22 have already died and opposite party no.6 resides at her sasural.

The present petition was filed in the year 1984 and vide order dated 4.8.1989 present petition was admitted for hearing with direction to issuance of notices to opposite parties and necessary requisites were filed but office did not take any step and subsequently, in the year 2015, when this court directed the office, notices were issued.

The matter appears to be very old and the present petition has been filed for restoration of Misc. Appeal no. 217/1982 which had dismissed due to non-compliance of peremptory order. Moreover, it appears that the petitioners do not have any interest to pursue this

Patna High Court MJC No.593 of 1984 (12) dt.12-07-2017 petition as when this matter was listed on 30.3.2015 no one had appeared on behalf of the petitioners to press this petition. Accordingly, this petition stands dismissed for nonprosecution. Shahid (Hemant Kumar Srivastava, J) U