Md. Sayeedul Haque v. Bibi Khatoon Nisha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.682 of 2016 In Civil Writ Jurisdiction Case No. 9329 of 2011 ====================================================== Md. Sayeedul Haque son of Late Md. Taslim, Resident of village- Turki, P.O. Gharbhara, P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner

Versus

1. Bibi Khatoon Nisha wife of Qasim, Resident of village- Ladaura, P.O. Pakri, P.S.- Kurhani, District- Muzaffarpur

2. Bibi Jasmine Khatoon daughter of Late Md. Taslim & Wife of Late Md. Yusin, Resident of village- Rahashi, P.O. Adigpalpur, P.S. Bochaha, District- Muzaffarpur

3. Md. Usman son of Late Md. Wadood

4. Nashima Khatoon wife of Late Md. Sultan

5. Md. Bakar

6. Md. Zaffar, Both sons of Md. Daud All resident of village- Turki, P.O.- Gharbhara, P.S.- Bochaha, DistrictMuzaffarpur .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-02-2017 Heard Sri Naresh Chandra Verma, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore C.W.J.C.No.9329 of 2011, which stood dismissed due to non-compliance of peremptory order dated 28.01.2013. It was submitted by learned counsel for the petitioner that due to inadvertence, one day delay has occurred in complying the order dated 28.01.2013.

In view of facts and circumstances, the petition is

Patna High Court MJC No.682 of 2016 (2) dt.28-02-2017 2/2 allowed. Let C.W.J.C.No.9329 of 2011 be restored to its original file. It is clarified that the order dated 28.01.2013 passed in C.W.J.C.No.9329 of 2011 must be complied with within a period of three weeks, failing which the writ petition i.e.

C.W.J.C.No.9329 of 2011 shall stand dismissed without further reference to a Bench.

(Rakesh Kumar, J) NKS/- U T