Fulmala Devi v. Kranti Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.863 of 2021 In Miscellaneous Jurisdiction Case No.1233 of 2015 1.

Fulmala Devi Wife of Late Vijay Kumar Jha @ Vijay Kumar, R/o Village and P.O. - Mathurapur, P.S. and District - Khagaria, at present residing at Chankya States Canteen New Delhi- 110011.

2.

Neeraj Kumar Jha Son of Late Vijay Kumar Jha @ Vijay Kumar, R/o Village and P.O. - Mathurapur, P.S. and District - Khagaria, at present residing at Chankya States Canteen New Delhi- 110011.

... ... Petitioner/s

Versus

1.

Kranti Devi Wife of Prithawi Raj Gupta.

2.

Suchita Devi, Wife of Shivnandan Sah.

3.

Manish Kumar, Son of Prithawi Raj Gupta (Grandson of Late Laxmi Narayan Gupta) Resident of Raghubir Chaudhary Tola, Rahimpur, Pargana Ballia, P.S. - Khagaria, District - Khagaria, At present residing at Bakua, P.O. - Bheja via Madhepur, P.S. Madhepur, District - Madhubani. 4.

Md. Islam Son of Abdul Mian, resident of Village - Kutubpur, Pragana Farkia, P.S. and District - Khagaria.

5.

Liyakat Mian, Son of Faudar Mian, resident of Village - Kutubpur, Pragana Farkia, P.S. and District - Khagaria.

6.

Garib Mahto, Son of Narsingh Mahto, Resident of Village - Mathurapur, Pargana - Farkia, P.S. and District - Khagaria. 7.

Kamli Mahto, Son of Prabhu Mahto, Resident of Village - Mathurapur, Pargana - Farkia, P.S. and District - Khagaria. 8.

Adhik Mahto, Son of Mohan Mahto, Resident of Village - Mathurapur, Pargana - Farkia, P.S. and District - Khagaria. 9.

Deo Nandan Prasad, Son of Shiv Nandan Prasad, Resident of Hajipur (Khagaria), P.S. and District Khagaria.

10.

Mina Devi, Wife of Late Anil Kumar Jha, minor daughter of Late Anil Kumar Jha under the guardianship of their mother as well as their well wishers, resident of Village - Mathurapur, Ward No. 9 (Khagaria P.S. and District - Khagaria).

11.

Deepak Kumar, minor Son of Late Anil Kumar Jha under the guardianship of their mother as well as their well wishers, resident of Village - Mathurapur, Ward No. 9 (Khagaria P.S. and District - Khagaria). 12.

Rupak Kumar, minor Son of Late Anil Kumar Jha under the guardianship of

Patna High Court MJC No.863 of 2021(2) dt.13-10-2023 2/3 their mother as well as their well wishers, resident of Village - Mathurapur, Ward No. 9 (Khagaria P.S. and District - Khagaria). 13.

Vishnu Kumar, minor Son of Late Anil Kumar Jha under the guardianship of their mother as well as their well wishers, resident of Village - Mathurapur, Ward No. 9 (Khagaria P.S. and District - Khagaria). 14.

Sarswati Pathak, Wife of Rakesh Kumar Pathak, Daughter of Late Kusheshwar Jha, Village and Post - Amba, P.S. Teghra, District - Begusarai. 15.

Bharti Thakur, Wife of Ashok Kumar Thakur, Daughter of Late Kusheshwar Jha, Resident of Village - Fulmalik, P.S. - Sahebpur Kamal, District - Begusarai.

16.

Mamta Devi, Wife of Mantun Kumar, Daughter of Late Kusheshwar Jha, Village - Bari Eghu, Ward No. 41, P.S. Muffasil (Begusarai), District - Begusarai.

17.

Nutan Kumari, Wife of Vivek Jha, daughter of Late Kusheshwar Jha Village - Shakh Mohan, P.S. - Bibhutipur, District - Samastipur. 18.

Urmial Devi, Wife of Surya Kant Jha (Gyani) D/o Late Om Bahadur Jha, R/o Village - Shashan , P.S. - Rosera, District - Samastipur. 19.

Sita Devi, Wife of Radha Kant Jha (Teacher) and D/o Late Om Bahadur Jha, R/o Village - Shashan , P.S. - Rosera, District - Samastipur. 20.

Prabha Kumar, Wife of Shubh Shankar Mishra and D/o Late Kusheshwar Jha, Resident of Village - Thakurichak, P.O. - Garhara, P.S. - Fulwaria (Barauni) District - Begusarai, at present C/O Nandni Pathak, 10, Patel Nagar (West), B. Bhattachrya Road, Patna - 23. 21.

Sanjay Kumar Jha, Son of Late Om Bahadur Jha, R/o Village and P.O. - Mathurapur, P.S. and District - Khagaria.

22.

Murari Kumar Jha, Son of Late Om Bahadur Jha, R/o Village and P.O. - Mathurapur, P.S. and District - Khagaria.

23.

Raushan Kumar Jha, Son of Late Om Bahadur Jha, R/o village and P.O. Mathurapur, P.S. and District - Khagaria, at present Village - Muradpur Nayagaon, P.O. - Vishnupur Parbatta, District - Khagaria. 24.

Fulo Devi, Wife of Late Ajay Kumar Jha, resident of Village and P.O. - Mathurapur, P.S. and District - Khagaria.

25.

Sheo Kumar Jha, Son of Late Ajay Kumar Jha @ Lolo Jha, Son of Late Om Bahadur Jha, resident of Village and P.O. - Mathurapur, P.S. and District - Khagaria.

26.

Rani Devi, Wife of Hari Lal Thakur and D/o Late Ajay Kumar Jha, Resident of Village and Post - Harinagar, P.S. Maheshkhunt, District - Khagaria. ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate

Patna High Court MJC No.863 of 2021(2) dt.13-10-2023 3/3 For the Opposite Party/s :

Mr.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-10-2023 Heard Mr. Pramod Kumar, learned counsel appearing on behalf of the petitioners and learned counsel for the State.

2. The petitioners press the present application for restoration of M.J.C. No. 1233 of 2015 to its original records which stood dismissed on 31.08.2016, by a learned bench of this Court due to non-prosecution on behalf of the petitioner's counsel.

3. It is made clear that M.J.C. No. 1233 of 2015 was filed for restoration of C. Rev No. 347 of 2013, which stood dismissed for default on 11.03.2014, due to which the aforenoted M.J.C. 1233 of 2015 has been filed.

4. Considering the fact that the present application has been filed for restoration of the earlier restoration, thus, the prayer of the petitioner stands rejected, however, if the petitioner wishes to file a fresh Civil Review petition, he may do so by explaining the delay.

(Harish Kumar, J) shoaib/- U