Mrs. Meetu v. Mrs. Kalyani Sinha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4427 of 2018 In Miscellaneous Appeal No.692 of 2012 ====================================================== Mrs. Meetu ... ... Petitioner

Versus

Mrs. Kalyani Sinha and Ors ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Vivek, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-01-2019 Heard Sri Vivekanand Vivek, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore Misc. Appeal No. 692 of 2012, which stood dismissed due to non-compliance of the peremptory order. Learned counsel for the petitioner submits that earlier, vide order dated 26.09.2018 passed in M.J.C.No.859 of 2018 four weeks time was granted to comply the order dated 13.10.2014 passed in M.A.No.692 of 2012. Since the order dated 26.09.2018 was not complied with, M.A.No.692 of 2012 again stood dismissed. He submits that if the present restoration petition is allowed, the petitioner will remove the defect in terms of order dated 13.10.2014 passed in M.A.No.692 of 2012. The restoration petition is allowed.

Patna High Court MJC No.4427 of 2018(2) dt.16-01-2019 2/2 Let Misc. Appeal No. 692 of 2012 be restored to its original file. It is made clear that if the order dated 13.10.2014 passed in Misc. Appeal No. 692 of 2012 is not complied with by 15th February, 2019, the Misc. Appeal i.e. M.A. No. 692 of 2012 shall stand dismissed without further reference to a Bench. If the order is complied with within time, list Misc. Appeal No. 692 of 2012 under the appropriate heading on 27th February, 2019. (Rakesh Kumar, J.) nawalkrs/- U