Bimal Kumar Srivastava And ORS. v. The Joint Director Of Consolidation, Bihar, Patna ORS.

Patna High Court MJC No.4150 of 2014 (3) dt.10-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4150 of 2014 In LPA 1202 of 1995 ====================================================== Bimal Kumar Srivastava & Ors.

.... .... Petitioner/s

Versus

The Joint Director of Consolidation, Bihar, Patna Ors. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 10-07-2015 The present application has been filed for restoration of L.P.A. No.1202 of 1995 with respect to the heirs of respondent No.4, as the same was dismissed for default on 3.9.2013 for noncompliance of the order dated 23.8.2013 passed by this Court. On 15.9.2014, learned counsel for the appellants in the Letters Patent Appeal stated that he would be filing a restoration application with regard to the heirs of deceased respondent No.4, pursuant to which the present application has been filed on 5.11.2014. Thereafter the appeal itself has been disposed of by order dated 23.02.2015 without the learned counsel for the appellants pointing out the fact to this court that the appeal does not survive as against respondent No.4.

Learned counsel for the petitioners submits that in view of the fact that the main appeal itself has been disposed of,

Patna High Court MJC No.4150 of 2014 (3) dt.10-07-2015 the present application has become infructuous. The application is, accordingly, dismissed as infructuous.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) V.P.Sinha/- U