Anil Kuer v. Vinod Pathak

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.334 of 2023 In Civil Writ Jurisdiction Case No.20906 of 2021 ====================================================== Anil Kuer, female, widow of Late Ayodhya Pathak, resident of VillageBarharia, P.S.- Chand, District- Kaimur. ... ... Petitioner/s

Versus

1.

Vinod Pathak son of Late Ram Daras Pathak, resident of Village- Barharia, P.S. Chand, District- Kaimur.

2.

Ram Charitar Pathak son of Late Kalap Nath Pathak, resident of VillageBarharia, P.S. Chand, District- Kaimur. 3.

Luxman Pathak son of Late Paras Pathak resident of Village- Barharia, P.S. Chand, District- Kaimur.

4.

Laljee Pathak alias Praduman Pathak son of Late Paras Pathak resident of Village- Barharia, P.S. Chand, District- Kaimur. 5.

Manraji Kuer widow of Late Gulab Pathak resident of Village- Barharia, P.S. Chand, District- Kaimur.

6.

Radhe Shyam Pathak son of Late Ram Nath Pathak resident of VillageBarharia, P.S. Chand, District- Kaimur. 7.

Shyamprit Pathak son of Late Ram Nath Pathak resident of VillageBarharia, P.S. Chand, District- Kaimur. 8.

Lal Barat Pathak son of Late Ram Nath Pathak resident of Village- Barharia, P.S. Chand, District- Kaimur.

9.

Anant Pathak alias Buchan Pathak son of Late Ayodhya Pathak resident of Village- Barharia, P.S. Chand, District- Kaimur. 10.

Pappu alias Santosh Pathak son of Late Ayodhya Pathak resident of VillageBarharia, P.S. Chand, District- Kaimur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirmal Kumar Shrivastava, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-11-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 20906 of 2021, which has stood dismissed for want of prosecution vide order dated

Patna High Court MJC No.334 of 2023(3) dt.21-11-2025 2/2 06.12.2022.

2. The learned counsel for the petitioner has submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 06.12.2022, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 20906 of 2021 to its original file.

4. Accordingly, the present petition stands allowed. (Mohit Kumar Shah, J) GAURAV S./- U