Lal Babu Sah And ORS v. Md. Mannan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8029 of 2015 ======================================================

1. Lal Babu Sah ,

2. Surendra Sah

3. Shashi Bhushan Sah, All are sons of Sheo Lal Sah, Resident of VillageRasulpur Mohiuddin @ Madhaul, P.O.- Chandsarai, P.S. Mahua, DisttVaishali .... .... Petitioners

Versus

1. Md. Mannan, son of Patlu Mian

2. Md. Kufran, son of Md. Mannaa, Both are resident of Village- Rasulpur, Mohiuddin @ Madhaul, P.O.- Chandsarai, P.S. Mahua, Distt- Vaishali.

3. Anirul Haque

4. Abdul Rauf

5. Amin Ahmad, all are sons of Paltu Mian, Resident of Village- Rasulpur Mohiuddin @ Madhaul P.O.- Chandsarai, P.S. Mahua, Dist- Vaishali. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-04-2016 Heard learned counsel, Mr. Rajeev Ranjan, for the petitioner.

By the order dated 30.07.2013, learned A.D.J. 2nd, Vaishali at Hajipur rejected the Miscellaneous Case No. 01 of 2008 filed by the petitioner for restoration of Title Appeal No. 28 of 1992.

It appears that the petitioners were respondents in Title Appeal. The Title Appeal has already been dismissed for default. The appellants did not file application for restoration

Patna High Court CWJC No.8029 of 2015 (3) dt.25-04-2016 2/2 rather the defendants have filed application for restoration. Therefore, the learned Court below dismissed the application as not maintainable under Order 41 Rule 19 of the Code of Civil Procedure. I, therefore, find no reason to interfere with the impugned order, as petitioners-respondents in the appeal have no Locus Standi to file restoration application. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Mishra/- U