Shivranjani Rai v. Srimati Rupa Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.989 of 2021 In SECOND APPEAL No.103 of 2018 ====================================================== 1.

Shivranjani Rai, (Female), aged about 50 years, Wife of Devanand Yadav, resident of Mohalla-Mahaddipur, P.S. Kasim Bazar, P.O. and DistrictMunger. 2.

Sri Devanand Yadav, (Male), aged about 54 years, Son of Narayan Yadav, resident of Mohalla-Mahaddipur, P.S. Kasim Bazar, P.O. and District - Munger.

... ... Petitioners

Versus

1.

Srimati Rupa Devi, Wife of Sri Naresh Prasad, resident of MohallaPuraniganj, P.S.-Kasim Bazar, P.O. and District-Munger. At present Mohalla - Koura Maidan, C/o Jagdamba Traders, Jamalpur Road, P.S. Kasim Bazar, P.O. and District-Munger.

2.

Sri Naresh Prasad, Son of Late Balmiki Sah, resident of Mohalla- Puraniganj P.S. - Kasim Bazar, P.O. and District-Munger. At present Mohalla-Koura Maidan, C/o Jagdamba Traders, Jamalpur Road, P.S. Kasim Bazar, P.O. and District - Munger.

3.

Mosmt. Kiran Devi, Wife of Late Rabindra Kumar Gupta, Resident of Mohalla- Koura Maidan, P.S. Kasim Bazar, P.O. and District - Munger. 4.

Soni, minor daughter of Late Rabindra Kumar Gupta under Guardianship of her natural guardian next friend and mother Mosmt. Kiran Devi, Resident of Mohalla - Koura Maidan, P.S. Kasim Bazar, P.O. and District - Munger. 5.

Mithu, minor daughter of Late Rabindra Kumar Gupta under Guardianship of her natural guardian next friend and mother Mosmt. Kiran Devi, Resident of Mohalla - Koura Maidan, P.S. Kasim Bazar, P.O. and District - Munger. 6.

Chhoti, minor daughter of Late Rabindra Kumar Gupta under Guardianship of her natural guardian next friend and mother Mosmt. Kiran Devi, Resident of Mohalla - Koura Maidan, P.S. Kasim Bazar, P.O. and District - Munger. 7.

Sri Nikhil Kumar, minor Son of Late Rabindra Kumar Gupta under the guardianship of his natural guardian, next friend and father Sri Rabindra Kumar Gupta, now after death of his father under the natural guardianship of his mother Mosmt Kiran Devi, Resident of Mohalla - Koura Maidan, P.S. Kasim Bazar, P.O. and District - Munger.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Nand Gopal Mishra, Advocate For the O.P. Nos. 1 to 3 :

Mr. Harshwardhan Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

Patna High Court MJC No.989 of 2021(3) dt.15-09-2023 2/2 15-09-2023 Heard.

2. The present application has been filed for restoration of Second Appeal No. 103 of 2018 to its original file which was dismissed on 25.02.2020 for non-compliance of peremptory order dated 25.11.2019 as the requisites for issuance of notices were filed beyond the stipulated period.

3. It has been submitted by learned counsel for the petitioners that compliance of the order dated 25.11.2019 has already been made after expiry of per-emptory time.

4. Considering the grounds as mentioned in the restoration application, the present application stands allowed and Second Appeal No. 103 of 2018 is restored to its original file.

(Sudhir Singh, J) U.K./- U T