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Patna High CourtMJC/1107/2020allowed

Syed Anwer Raza @ Syed Anwar Raza @ Anwer Raza v. Shyam Sundar Prasad Singh @ Shyam Sundar Singh

2022-12-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1107 of 2020 In CIVIL MISCELLANEOUS JURISDICTION No.568 of 2019 ====================================================== Syed Anwer Raza @ Syed Anwar Raza @ Anwer Raza Son of Late Sayed Gulam Saqulain @ Gulam Saklen, resident of Mohalla- Kanhauli Bishnudutta, Ward No.43, Ali Mirza Road, Nai Bazar, Muzaffarpur, P.O.- Head Post Office Muzaffarpur, P.S.- Muzaffarpur Town, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

Shyam Sundar Prasad Singh @ Shyam Sundar Singh Son of Late Nawal Kishore Prasad Singh, resident of Village - Bakhari Nazir, P.O. and P.S. Mahesi, District - East Champaran.

2.

Smt. Geeta Devi, daughter of Late Nawal Kishore Prasad Singh, resident of Mohalla - Bela, P.O. - Ramana, P.S. - Mithanpura, District - Muzaffarpur. 3.

Ram Kumar Singh, Son of Late Vishwanath Singh, resident of Mohalla - Club Road Mithanpura, P.O.- Ramna, P.S. Mithanpura, District - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Nityanand Mishra, Advocate For the Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-12-2022 Heard the parties.

This application has been filed for restoration of Civil Misc. Case No. 568 of 2019 which stood dismissed for nonprosecution vide order dated 17.10.2019. For the reasons mentioned in this application, it is allowed and Civil Misc. Case No. 568 of 2019 is restored to its original file.

Patna High Court MJC No.1107 of 2020(3) dt.01-12-2022 2/2 Ref- Civil Misc. Case No. 568 of 2019 The intervention application filed by the purchaser of the suit property under Order I Rule 10 of the Code of Civil Procedure has been allowed by the court below which has been challenged in Civil Misc. Case No. 568 of 2019. The petitioner is the purchaser of the suit property. In such view of the matter, this Court finds no illegality in the impugned order dated 25.08.2018 passed by the Sub-Judge-1, East Muzaffarpur in Misc. No. 03 of 2007. This application is, accordingly, dismissed.

(Sandeep Kumar, J) Harsh/ BT U