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Patna High CourtMJC/5033/2018allowed

Meera Devi v. Smt. Krishna Devi

2021-12-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5033 of 2018 In Miscellaneous Jurisdiction Case No.2906 of 2015 ====================================================== 1.

Meera Devi, Wife of Late Mahendra Shahu, Resident of Village and P.O.- Itahari, Pargana Pharkia, Police Station- Gogari, District- Khagaria. 2.

Aditya Anand, Son of Late Mahendra Shahu, Resident of Village and P.O.- Itahari, Pargana Pharkia, Police Station- Gogari, District- Khagaria. 3.

Manju Kumari, Daughter of Late Mahendra Shahu, Wife of Sri Rajeev Kumar, Resident of Village- Banmankhi, Koshi Project Road, Near Ara Mill, Police Station- Banmankhi, District- Purnea.

4.

Lovely Kumari, Daughter of Late Mahendra Shahu, W/o of Ajit Kumar Gupta Resident of Village- Singhia Makandpur, Police Station- Gopalpur, District- Bhagalpur.

5.

Anubha Anand, Daughter of Late Mahendra Shahu, Wife of Suvesh Sah, Resident of Village- Borwa, P.O.- Khagaria, Police Station- Parwatta, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

Smt. Krishna Devi, Wife of Raj Kishore Prasad Shahu, Resident of Village and P.O.- Itahari, Pargana Pharkia, Police Station- Gogari, DistrictKhagaria. 2.

Raj Kishore Prasad Shahu, Son of Late Roop Chandra Shahu, Resident of Village and P.O.- Itahari, Pargana Pharkia, Police Station- Gogari, DistrictKhagaria. 3.

Surendra Shahu, Son of Late Roop Chandra Shahu, Resident of Village and P.O.- Itahari, Pargana Pharkia, Police Station- Gogari, District- Khagaria. 4.

Smt. Kalawati Devi, Wife of Ganga Shahu and Daughter of Late Roop Chandra Shahu, Resident of Mohalla- Jamalpur, P.O. and P.S.- Jamalpur, District Munger presently Resident of Village and P.O.- Itahari, Police Station- Gogari, District- Khagaria.

5.

Rati Devi, Wife of Late Roop Chandra Shahu, Resident of MohallaJamalpur, P.O. and P.S.- Jamalpur, District Munger presently Resident of Village and P.O.- Itahari, Police Station- Gogari, District- Khagaria. 6.

Smt. Tara Devi, Wife of Garib Sao, Resident of Village- Kurha Sahebpur Kamal, P.O. and P.S.- Sahebpur Kamal, Police Station- Gogari, DistrictKhagaria. 7.

Leela Devi, Wife of Gauri Shankar Sao, Resident of Village and P.O.- Jamalpur, P.S. Gogari, District- Khagaria.

8.

Geeta Devi, Wife of Rajeshwar Poddar, Resident of Village- Bora Para More, Modikhana Kukan, P.O.- Chakbasberia, District- Hoogli (West Bengal).

... ... Opposite Party/s ======================================================

Patna High Court MJC No.5033 of 2018(3) dt.01-12-2021 2/2 Appearance :

For the Petitioner/s :

Mr. Purushotam Sharma, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-12-2021 This application has been filed for restoration of M.J.C. No. 2906 of 2015 and S.A. No. 226 of 2010 which stood dismissed for default for non-compliance of peremptory order dated 01.09.2017.

Considering the facts asserted in the application, this application is allowed to the extent it relates to restoration of M.J.C. No. 2906 of 2015, subject to the condition that the petitioner must take steps for fresh service of notice on opposite party no.3 under ordinary process as well as registered cover with A/D within four weeks.

It appears from the records that an application is pending for restoration of S.A. No. 226 of 2010. (Chakradhari Sharan Singh, J) uday/- U