Rajendra Pd. Gupta v. Ram Awadh Singh And ORS

Patna High Court MA No.69 of 2012 (7) dt.12-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.69 of 2012 =================================================== Rajendra Pd. Gupta, son of late Khedu Lal Gupta, by Caste Baranwal by Profesison Cultivation and Shopkeeper, resident of village - Hajiyapur, P.S. and District - Gopalganj. ----- Petitioner----Appellant

Versus

1. Ram Awadh Singh, son of Bishun Dev Singh

2. Ramashray Singh, son of Bishun Dev Singh Both resident of village - Kankar Kund, P.S. and District - Gopalganj.

3. Hasnain Mian, son of Hanif Mian, resident of village - Mirralipur, P.S. and District - Gopalganj.

-------Defendants-----Respondents =================================================== Appearance :

For the Appellant/s : Mr. Mritunjay Prasad Singh For the Respondent/s : Mr.

=================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 7.

12-02-2015 Heard learned counsel for the parties.

This is an appeal preferred against order dated 29th November, 2011 passed by Additional Judge, F.T.C.

- II, Gopalganj, dismissing Miscellaneous Case No.

1/2005 seeking restoration/re-admission of Title Appeal No. 99/1972 which stood dismissed for non-prosecution on 2nd July, 1988.

Copy of application seeking restoration is attached as Annexure - 1 with memorandum of appeal on going through the same there appears no

Patna High Court MA No.69 of 2012 (7) dt.12-02-2015 reason to differ with the findings arrived at by the court below since there appears no cogent or convincing explanation for the delay of 17 years caused in filing of application before Lower Appellate Court seeking readmission on the appeal.

Hence, finding no merit in this appeal, it is hereby dismissed.

Rajeev/- (Akhilesh Chandra, J.) U T