Mushar Mandal And ANR v. Mostt. Sudha Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.169 of 2019 In Second Appeal No.407 of 2004 ====================================================== Mushar Mandal and Anr ... ... Petitioner/s

Versus

Mostt. Sudha Devi and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Shivaji Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard Mr. Arun Kumar, learned counsel for the petitioners and Mr. Shivaji Singh, the learned counsel appearing on behalf of respondents no.1, 2(i) to 2(iii) and 3 to 7. This restoration petition is filed on behalf of appellants for restoring Second Appeal No.407 of 2004, which was dismissed against respondents no.1, 2(i) to 2(vi) and 3 to 31 due to non-compliance of the peremptory order dated 06.11.2017.

From the contents of the restoration petition, it appears that the restoration petition is filed on behalf of the appellants but it is reported that the appellant no.1, Musahar Mandal died and appellant no.2 did not file any restoration petition rather one Ashok Kumar Mandal, who is respondent no.28 and son of appellant no.1, has sworn affidavit.

Patna High Court MJC No.169 of 2019(2) dt.19-02-2019 2/2 Since the restoration petition is not filed by the appellant, this restoration petition is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U