Ram Bilash Choudhary And ANR. v. Ram Chandra Rai And ORS

Patna High Court MJC No.1874 of 2016 (02) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1874 of 2016 ====================================================== Ram Bilash Choudhary & Anr.

.... .... Petitioner/s

Versus

Ram Chandra Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya--Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-07-2016 Heard learned counsel for the petitioners.

It has been submitted on behalf of petitioners that although peremptory order dated 12.02.2013 passed in C.W.J.C. No.1947 of 2013 had already been complied with, but the office report suggests that one set of talwana etc. has been filed. Even then, it has also been submitted that aforesaid deficiency became redundant in the background of appearance of respondent nos.1 to 4 on 19.08.2013 and so, submitted that M.J.C. No.1874 of 2016 be allowed.

After perusal of the present status report of C.W.J.C. No.1947 of 2013, as placed, which should be verified by the office itself, appearance of respondent is found on 19.08.2013 and that being so, the effect of peremptory order dated 12.02.2013 is recalled and on account thereof, C.W.J.C. No.1947 of 2013 is directed to be restored to its original status.

Patna High Court MJC No.1874 of 2016 (02) dt.14-07-2016 Accordingly, M.J.C. No.1874 of 2016 is allowed. (Aditya Kumar Trivedi, J) Vikash/- U