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Patna High CourtMJC/971/2015allowed

Ali Ahmad And ORS v. Mohammad Rashid And ORS

2015-08-26Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.971 of 2015 In SA 125 of 2014 ======================================================

1. Ali Ahmad, son of Late As Mohammad,

2. Mohammad Naseem, son of Late Abdul Rahim null

3. Mohammad Jasim, son of Late Abdul Rahim All residents of villageBirampur, P.S.- Koilwar, District- Bhojpur. .... .... Petitioner/s

Versus

1. Mohammad Rashid, son of Late Usman Gani

2. Mohammad Shahabuddin, son of Late Usman Gani

3. Hasbun Khatoon, daughter of Late Usman Gani All residents of VillageBirampur, P.S.- Koilwar, District- Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramanuj Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-08-2015 Heard counsel for the petitioners.

The application has been filed for restoration of S.A. 125 of 2014 which stood dismissed for non compliance of the order dated 11.12.2014 whereby time till 24th December, 2014 was granted to remove the defects.

It has been submitted on behalf of the petitioners that information regarding the said order was given to the petitioners rather belatedly. Immediately after getting information, steps were taken and the appellants-petitioners filed the deficit court fees on 03.04.2015.

For the reasons disclosed in the application and

Patna High Court MJC No.971 of 2015 (2) dt.26-08-2015 2/2 submissions made in support thereof, the same is allowed. Time granted under order dated 11.12.2014 is extended to 03.04.2015 subject to payment of cost in the sum of Rs. 300/- with the Patna High Court, legal Services Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) HR/- U