Babu Ram Thakur And ORS v. Bundeshwar Thakur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.32 of 2015 In SA 528 of 2010 ====================================================== Babu Ram Thakur & Ors .... .... Petitioner/s

Versus

Bundeshwar Thakur & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Sharma For the Respondent/s : Mr. Abhimanyu Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2015 The present application seeks recall of the order dated 05.12.2014 passed in Second Appeal No. 528 of 2010, which reads as under:- "Despite repeated calls, nobody has appeared on behalf of the appellants to press the appeal.

On 26.11.2014, this court passed the following order:

"Nobody appears on behalf of the plaintiffs-appellants.

The plaintiffs-appellants are challenging the concurrent findings of fact of the two Courts below recorded against them.

Instead of dismissing the appeal for non-prosecution, the same is directed to be listed after one week."

The appeal is dismissed for nonprosecution."

Patna High Court MJC No.32 of 2015 (5) dt.01-07-2015 2/2 Considering the statements made in the application, the same is allowed. The order dated 05.12.2014 is recalled subject to deposit of a sum of Rs. 1,000/- (one thousand) with the Patna High Court Legal Services Committee within a period of two weeks. (Kishore Kumar Mandal, J) BKS/- U