Sri Saryug Prasad @ Saryu Mahto And ORS v. Sri Rajendra Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1551 of 2017 In SECOND APPEAL No.498 of 2009 ====================================================== Sri Saryug Prasad @ Saryu Mahto and Ors ... ... Petitioner/s

Versus

Sri Rajendra Prasad and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Rewti Kant Raman, Advocate For the Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2022 I.A. No. 4051 of 2017 This interlocutory application has been filed for condonation of delay in filing the substitution petition. For the reasons mentioned in the interlocutory application, it is allowed and delay in filing the substitution petition is condoned.

I.A. No. 7666 of 2017 This interlocutory application has been filed for substitution of the heirs and legal representatives of petitioner no.1, namely, Sri Saryug Prasad @ Saryu Mahto who died on 09.07.2017.

In view of the subsequent developments, the interlocutory application is allowed and the name of petitioner no.1 is expunged from the array of the parties. Substitution of

Patna High Court MJC No.1551 of 2017(4) dt.02-09-2022 2/2 the heirs and legal representatives of petitioner no.1 is not required as petitioner nos.2 and 3 are already on record. M.J.C. No.1551 of 2017 Heard the parties.

This application has been filed for restoration of Second Appeal No. 498 of 2009 which stood dismissed for noncompliance of the peremptory order dated 13.09.2012. For the reasons mentioned in this application, it is allowed and Second Appeal No. 498 of 2009 is restored to its original file.

(Sandeep Kumar, J) BT/- U