Madhav Choudhary v. Brahmdeo Rai

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10999 of 2012 ====================================================== Madhav Choudhary Son Late Rijhan Choudhary Resident Of Rewasi, Tola - Laxmipur, P.S. - Riga, District - Sitamarhi. At present resident of Madhopur Raushan Vissa, P.S.-Dumra, P.O.-Amghatta, District-Sitamarhi. .... .... Petitioner/s

Versus

Brahmdeo Rai Son Of Sri Bela Rai Resident Of Village - Madhopur Rushan, P.S.- Sumra, Post Amghatia, District - Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Adv. Mr. Pramod Kumar Verma, Adv.

For the Respondent/s : Mr. Pushpendra Kumar Singh, Adv. Smt. Dibya Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner as well as learned counsel for the respondent.

Some sort of negligence having at the part of petitioner/defendant has been perceived by this Court vide order dated 23.07.2012. However, in the interest of justice, the aforesaid laches have been found to be subject to ignorance in case payment of cost is acceded with at the end of petitioner which, as has been submitted by the learned counsel for the petitioner, concedes. Learned counsel for the respondent submits that from the order impugned it is apparent that apart from laches on the part of the petitioner/defendant, the cost having inflicted by the learned lower court at different occasions have also not been paid.

Patna High Court CWJC No.10999 of 2012 (6) dt.26-11-2015 Considering the rival submission, the order impugned is set aside subject to payment of cost of Rs.10,000/-. Petition is allowed in terms thereof.

(Aditya Kumar Trivedi, J) PN/- U