Dulhin Laxhmina Devi And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3256 of 2018 In SECOND APPEAL No.301 of 2012 ====================================================== 1.

Dulhin Laxhmina Devi, Wife of Shivraj Singh, resident of Village- Sare, P.S.- Navanagar, District- Bhojpur, at present Eastern Mohalla- Jagdishpur, P.O. and P.S.- Jgdishpur, District- Bhojpur.

2.

Nanhak Chaudhary, Son of Manohar Chaudhary, resident of Village- Birath, P.S. Sahar, District- Bhojpur at present Eastern Mohalla- Jagdishpur, P.O. and P.S.- Jagdishpur, District- Bhojpur.

... ... Plaintiffs/appellants/appellants/petitioners.

Versus

1.

The State of Bihar through the Collector, Arrah.....Defendant(1st set)/Respondent-Ist...Respondent 1st Set/Opposite Party Ist Set. 2.

Name not known, Wife of Late Sunil Kumar Ghosh, Resident of VillageJagdishpur, P.S. Jagdishpur, District- Bhojpur. ... ... Defendant (1st Set)/Respondent-1st/Respondent 1st Set/Opposite PartyIInd Set. ====================================================== Appearance :

For the Petitioners :

Mr.Manoj Kumar Singh, Advocate.

For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2020 Head learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for restoration of Second Appeal No. 301 of 2012 which has been dismissed for default due to non-compliance of peremptory order dated 28.07.2014, passed by the then another Co-ordinate Bench of this Court.

Considering the grounds mentioned in the present application, Second Appeal No. 301 of 2012 is restored to its

Patna High Court MJC No.3256 of 2018(3) dt.03-02-2020 2/2 original file.

Accordingly, the present application stands disposed of.

Learned counsel for the petitioners is directed to comply with the order dated 28.07.2014, passed in Second Appeal No. 301 of 2012, within a period of six weeks. However, this order will be subject to compliance of the aforesaid order dated 28.07.2014 passed in Second Appeal No. 301 of 2012.

(Sudhir Singh, J) U.K./- U