Birendra Kumar v. Mahendra Prasad And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3495 of 2016 In Civil Writ Jurisdiction Case No.343 of 2012 ====================================================== Birendra Kumar, Son of late Kailash Mahto, Resident of Village & P.O.- Mari, P.S.- Nalanda, District-Nalanda, at present resident of Village- Neerpur, P.S.- Nalanda, P.O.- Neerpur, District-Nalanda. ... ... Petitioner/s
Versus
1. Mahendra Prasad, Son of Late Kailash Mahto
2. Manoj Kumar, Son of Mahendra Prasad.
3. Mukesh Kumar, Son of Mahendra Prasad
4. Ramaiya Devi, Wife of Late Kailash Mahto. All Resident of Village & P.O.- Mari, P.S. Nalanda, District-Nalanda, at present resident of VillageNeerpur, P.S. Nalanda, P.O.- Neerpur, District-Nalanda.
5. Ravi Shankar, Son of Birendra Kumar.
6. Rajeev Kumar, Son of Birendra Kumar. All Resident of Village & P.O.- Mari, P.S. Nalanda, District-Nalanda, at present resident of Village-Neerpur, P.S.-Nalanda, P.O.- Neerpur, District-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar, Advocate For the Opposite Party/s :
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021 The present petition stands filed seeking recall of the order dated 28.07.2016 passed in CWJC No. 343 of 2012, titled as Birendra Kumar Vs. Mahendra Prasad & Ors., whereby, by virtue of peremptory order, the CWJC No. 343 of 2012, titled as Birendra Kumar Vs. Mahendra Prasad & Ors. stands dismissed. Record reveals that in the original petition itself, several opportunities were afforded to the petitioner to remove the defects, which orders were not complied with. Even in the instant application, no sufficient cause seeking recall of the
Patna High Court MJC No.3495 of 2016 dt.09-12-2021 2/2 order stands explained. Why steps were not taken is also not sufficiently explained.
As such, the writ petition does not warrant restoration and the present petition stands dismissed.
(Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date