Shri Mati Devi v. Most. Godawari Devi And ORS

Patna High Court MJC No.4217 of 2014 (3) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4217 of 2014 In Civil Writ Jurisdiction Case No. 23273 of 2013 ====================================================== Shri Mati Devi .... .... Petitioner/s

Versus

Most. Godawari Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner.

This application has been filed for restoration of C.W.J.C. No. 23273 of 2013, which stood dismissed for noncompliance of the order dated 16.09.2014. Learned counsel for the petitioner submits that vide order dated 16.09.2014, the order was passed to issue notice to respondent nos. 1 to 9 under ordinary process as well as under registered cover with A/D, for which requisites etc. must be filed within two weeks, failing which this civil writ application shall stand rejected without further reference to a Bench with further direction to stay further proceeding of order dated 11.07.2013 passed in Title Suit No. 34 of 2005, till appearance of the respondent nos. 1 to 9 but due to illness of conducting Advocate's Clerk (Munsi) order has not been complied.

Patna High Court MJC No.4217 of 2014 (3) dt.02-09-2015 On being satisfied with the reasons furnished in this application, the same is disposed of and the C.W.J.C. No. 23273 of 2013 is restored to its original file, subject to compliance of the order dated 16.09.2014 within two weeks.

(Rajendra Kumar Mishra, J) Bhardwaj/- U