Patna High CourtMJC/3196/2014disposed

Bharat Nonia And ORS. v. Sukar Nonia And ANR.

2016-02-10Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3196 of 2014 In First Appeal No. 241 of 2012 ======================================================

1. Bharat Nonia

2. Chandar Nonia

3. Bhubneshwar Nonia Sl. No. 1 to 3 sons of Late Ramdhani Nonia

4. Bindeshwar Nonia son of Late bali Ram Nonia

5. Shankar Prasad

6. Sushil Kumar

7. Rajaram Prasad

8. Ramashish Prasad

9. Sadhusharan Prasad

10. Surendra Prasad Sl. No. 5 to 10 sons of Late Inderlal Nonia All Sl. No. 1 to 10 R/o village- Mauza- Jakhour, P.S.- Chorbar, P.S.- Ariary, Distt.- Sheikhpura .... .... Petitioner/s

Versus

1. Sukar Nonia Son of Late Patti Nonia. R/o village- Mauza- Jakhour, P.S.- Chorbar, P.S.- Ariary, Distt.- Sheikhpura

2. Rambriksha Chauhan S/o Bhajan Chauhan, R/o Vill.- Mahaut tola Jangali Bigha, P.S.- Ariary, District- Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Opp.Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-02-2016 The present MJC application has been filed on behalf of the petitioners for restoration of First Appeal No. 241 of 2012, which stood dismissed on account of non-compliance of the Court's peremptory order dated 27.03.2014.

After having heard the learned counsel for the petitioners and for the reasons disclosed in the present MJC application, the prayer for restoration is allowed. First Appeal No. 241 of 2012 is directed to be restored to its original file, subject to deposit of cost of Rs.2,000/-(Rupees two thousand) by the petitioners within a period of two weeks from today with the Patna High Court Legal Services Committee, Patna.

Patna High Court MJC No.3196 of 2014 (3) dt.10-02-2016 2/2 If the aforesaid cost is deposited and a receipt showing deposit of cost is filed within the aforesaid period of two weeks from today, then First Appeal No. 241 of 2012 shall be listed before the appropriate Bench, as per roster, after obtaining necessary permission from Hon'ble the Acting Chief Justice. The present MJC application stands finally disposed of.

(Birendra Prasad Verma, J) Tahir/- U