Ashnendra Kumar Jain Alias Ashish Kumar Jain And ANR v. Bihar State Digambar Jain Religious Trust Board And ANR

Patna High Court CWJC No.9088 of 2013 (2) dt.20-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9088 of 2013 ======================================================

1. Ashnendra Kumar Jain Alias Ashish Kumar Jain Son Of Late Satyendra Kumar Jain (The Original Defendant To The Suit In Question) Resident Of Mohalla - Majan Toli No.1, P.S. Arrah Town, Town - Arrah, Distt - Bhojpur

2. Nema Devi Wife Of Late Satyendra Kumar Jain (The Original Defendant To The Suit In Question) Resident Of Mohalla - Majan Toli No.1, P.S. Arrah Town, Town - Arrah, Distt - Bhojpur .... .... Petitioner/s

Versus

1. Bihar State Digambar Jain Religious Trust Board Through The President, Bihar State Digambar Jain Religious Trust Board, Patna, Bihar

2. Chandra Prabhaji Under Chunnilal Trust Through Trustee Prashant Kumar Jain Son Of Sri Ajay Kumar Jain Mohalla - Mahadev Road, P.S. - Arrah Town, Arrah, Distt - Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kishore Verma, -Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-06-2016 Learned counsel for the petitioners has submitted that as before the learned lower court, the suit has been dismissed in default and till today, it has not been restored although, restoration application has already been filed and on account thereof, for the present, this petition has become infructuous. Furthermore, it has also been submitted that while holding so, a liberty should be given to the petitioner to re-agitate, in case, restoration is allowed.

With the aforesaid liberty, the instant petition is dismissed as infructuous.

(Aditya Kumar Trivedi, J) perwez U