Bipin Yadav And ORS v. Md. Farook Ali And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3493 of 2016 In Civil Writ Jurisdiction Case No.2484 of 2016 ====================================================== 1.

Bipin Yadav 2.

Sujit Yadav both sons of late Miri Yadav 3.

Smt. Mano Devi Daughter of Late Miri Yadav, all three Residents of VillageNayatola Baijani, Police Station Jagdishpur, District Bhagalpur ... ... Petitioner/s

Versus

1.

Md. Farook Ali, son of late Hajik Ali, resident of village- Simariya, Police Station Nath Nagar, District- Bhagalpur 2.

Sardari Sah 3.

Hardeo Sah both sons of late Biso Sah all two Residents of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 4.

Laxmi Devi wife of Dinesh Sah Resident of Village and Post Office- Tegrah Kharagpur, District- Munger.

5.

Sila Devi Wife of Suresh Sah Resident of Village- Chanderi, Post OfficePunsiya, District- Bhagalpur. 6.

Gauri Sah Son of late Ram Prasad Sah 7.

Parmanand Sah 8.

Daya Nand Sah Both Sons Of Late Subedar Sah All Are Residents Of Village- Nayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 9.

Ajay Sah 10.

Pancha Sah 11.

Bhawesh Sah All Sons Of Late Babu Lal Sah 12.

Asha Devi Daughter Of Late Babu Lal Sah 13.

Sital Sah 14.

Satan Sah Both Sons Of Late Kanhai Sah 15.

Tarni Devi Wife Of Late Hari Sah, Daughter Of Late Kanhai Sah 16.

Kamal Sah 17.

Bimal Sah Both Sons Of Late Chulhai Sah All Are Residents Of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 18.

Sakunia Devi Wife Of Shyam Sundar Sah Resident Of Village- Katchatar, Police Statrion- Rajoun, District- Banka.

19.

Mostt. Kari Devi Wife Of Late Sarjun Sah Resident Of Village- Sahani Jamalpur, District- Munger.

20.

Gopi Sah Son Of Late Muhlai Sah 21.

Bathi Devi Wife Of Suresh Sah 22.

Pramila Devi Wife Of Anirudh Sah All Residents Of Village- Naya Gaon

2/4 Bounsi, District Banka 23.

Sushila Devi Wife Of Sri Kant Sah Resident Of Village- Kumaitha, Police Station- Bounsi, District- Banka.

24.

Kulo Singh 25.

Dipo Singh Both Sons Of Late Banarsi Singh 26.

Phoudari Singh 27.

Shyam Singh 28.

Dilla Singh 29.

Billa Singh All Sons of Late Sukhdeo Singh All Are Residents of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 30.

Prabha Devi Wife of Lalit Singh Resident of Village- Chilkapur, Police Station- Amarpur, District- Banka 31.

Shanti Devi Wife of Badri Singh Resident of Village- Madhochak, Police Station- Amarpur, District- Banka.

32.

Ramva Devi Wife of Late Jagdish Yadav 33.

Inder Yadav 34.

Ranjit Kumar Yadav 35.

Karu Yadav 36.

Amrit Yadav All Sons of Late Jagdish Yadav 37.

Puniya Devi Wife of Dinesh Yadav 38.

Dhaniya Devi Wife of Bhairo Yadav 39.

Fakir Yadav 40.

Ganesh Yadav 41.

Mahesh Yadav 42.

Kailash Yadav All Sons of Late Bhujani Yadav All Are Residents of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 43.

Ana Devi Wife of Chaitu Yadav Resident of Village- Jichcho, Police StationSabour, District- Bhagalpur. 44.

Narsingh Gope Son of Late Tulo Gope All Are Residents of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 45.

Kailash Yadav 46.

Bandana Devi Wife of Late Subash Yadav 47.

Shailendra Yadav 48.

Bambam Yadav Both Sons of Late Subhash Yadav 49.

Bila Yadav 50.

Babu Yadav 51.

Kailash Yadav All Sons of Late Diro Yadav All Are Residents Of VillageNayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 52.

Arti Devi Wife of Mahesh Yadav

3/4 53.

Bidya Devi Wife of Suresh Yadav, Both Daughters of Late Diro Yadav All Are Residents of Village- Nayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur.

54.

Ajay Yadav Son of Late Sukhdeo Yadav 55.

Ram Bilas Yadav 56.

Mikendra Prasad Yadav 57.

Pramod Prasad Yadav 58.

Sonu Prasad Yadav 59.

Sikandar Prasad Yadav All Sons of Late Shiv Chandra Yadav 60.

Jagdish Yadav 61.

Giri Yadav Both Sons of Late Singeshwar Yadav 62.

Jahindra Yadav Son of Late Chaturi Yadav 63.

Mostt. Fulsaro Devi Wife of Late Chaturi Yadav All Are Residents of Village- Nayatola Baijani, Police Station- Jagdishpur, District- Bhagalpur. 64.

Bachi Devi Wife of Buchi Yadav Resident of Village- Karhariya, Police Station- Sultanganj, District- Bhagalpur 65.

Kaili Devi Wife of Naresh Yadav Resident of Village- Kohalachak, Police Station- Shahkund, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Yadav, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021 The instant petition stands filed for restoration of CWJC No. 2484 of 2016, titled as Bipin Yadav & Ors Vs. Md. Farook Ali & Ors., which stood dismissed for non-compliance of peremptory order dated 13th of July, 2016. The peremptory order dated 13th of July, 2016 passed in CWJC No. 2484 of 2016, titled as Bipin Yadav & Ors Vs. Md. Farook Ali & Ors. could not be complied with by the petitioners in relation to which the petitioners filed the instant

4/4 petition on 23rd of September, 2016 seeking restoration of the petition to be adjudicated on merits.

The reasons for non-compliance of the order stands sufficiently explained. Also there is no inordinate delay, much less negligence.

As such, the petition is allowed and CWJC No. 2484 of 2016, titled as Bipin Yadav & Ors Vs. Md. Farook Ali & Ors. is restored to its original number and position. (Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date