Upendra Singh And ORS. v. Smt. Madhuri Devi And ORS.

Patna High Court C. REV. No.111 of 2014 (6) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.111 of 2014 In First Appeal No. 1233 of 1971 ====================================================== Mahabir Singh & Ors.

.... .... Petitioner/s

Versus

Smt. Madhuri Devi & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-08-2016 Although, this application has been registered as review application, the prayer has been made for recall of the order passed in the First Appeal, as such, treating this review application as an application under Section 151 C.P.C. in the First Appeal itself, I propose to dispose of this application.

Heard the learned counsel, Mr. Shiv Shankar Sharma for the petitioners.

This application has been filed for recall of the order dated 26.04.2011 and 10.02.2011 passed by this Court in First Appeal No.1233 of 1971.

In view of the submission of the learned counsel for the petitioners that the learned Advocates who were appearing in the First Appeal left practice, therefore, the order passed by this Court could not be complied with within the time, this application is

Patna High Court C. REV. No.111 of 2014 (6) dt.05-08-2016 allowed and the orders dated 26.04.2011 and 10.02.2011 passed in First Appeal No.1233 of 1971 is hereby recalled. The learned counsel for the petitioners submitted that the order, whereby the petitioners i.e. the appellants in the First Appeal were directed to take steps for notice, has already been complied with on 05.02.2013.

The office shall verify and proceed.

(Mungeshwar Sahoo, J) Saurabh/- U