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Patna High CourtMJC/1639/2016allowed

Sarbdeo Pandit v. Rm Chandra Pandit

2018-02-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1639 of 2016 ====================================================== Sarbdeo Pandit, Son of Late Nathuni Pandit, resident of village Ajmerganj, P.S. Revilganj, District Saran .... .... Appellant/Petitioner

Versus

Ram Chandar Pandit, Son of Late Ram Chhabila Pandit, Resident of Village Ajmerganj, P.S. Revilganj, District Saran .... .... Respondent/Opposite Party WITH Second Appeal No. 408 of 1999 ===================================================== Sarbdeo Pandit, Son of Late Nathuni Pandit, resident of village Ajmerganj, P.S. Revilganj, District Saran .... .... Opposite Party/Appellant/Appellant

Versus

Ram Chandar Pandit, Son of Late Ram Chhabila Pandit, Resident of Village Ajmerganj, P.S. Revilganj, District Saran .... .... Applicant/ Respondent/Respondent ====================================================== Appearance :

For the Petitioner : Mr. Bhubneshwar Prasad, Advocate For the Respondent : Mr. Mrityunjay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-02-2018 Mr. Bhubneshwar Prasad is appearing on behalf of the appellant and Mr. Mrityunjay Kumar Tiwary is appearing on behalf of the respondent.

Heard.

The miscellaneous application aforesaid has been filed for restoration of Second Appeal No. 408 of 1999 which was dismissed for non-compliance of peremptory order dated 16.10.2009.

With consent of the parties, the dismissal is set aside and aforesaid second appeal is restored.

Patna High Court MJC No.1639 of 2016 (5) dt.08-02-2018 2/2 With consent of the parties, following order is being passed in the second appeal.

Learned counsel for the parties submits that the parties have compromised the case in the court below and to that effect affidavit has been filed before this Court. Prayer is for disposal of this appeal as not pressed in view of the compromise.

Prayer is allowed.

The appeal is dismissed as not pressed.

(Birendra Kumar, J) Kundan/- U