Sheo Mahto And ANR. v. Ganesh Mahto And ORS.

Patna High Court MJC No.567 of 2014 (4) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.567 of 2014 ======================================================

1. Sheo Mahto

2. Badri Mahto Both Sons Of Inarman Mahto Resident Of Dhakaha Tola Nandpur, P.O- Madhusudan Ghat, Police Station- Motihari, Moffasil, District- East Champaran.

.... .... Petitioner/s

Versus

1. Ganesh Mahto

2. Jyadhan Mahto Both Sons Of Jaifar Mahto Resident Of Dhakaha Tola Nandpur, P.O- Madhusudan Ghat, Police Station- Motihari, Moffasil, District- East Champaran.

3. Mostt. Bhagmatia Devi Widow Of Late Hari Bhajan Mahto Resident Of Village Dhakaha Tola Nandpur, P.O- Madhusudan Ghat, Police StationMotihari, Muffasil, District- East Champaran.

4. Shakhuntala Devi W/O Parsuram Prasad Daughter Of Late Hari Bhajan Mahto Resident Of Village- Shitalpur, Police Station Chakia, DistrictEast Champaran.

5. Kalawati Devi W/O Prabhu Prasad Daughter Of Late Hari Bhajan Mahto Resident Of Village- Chaitahan Kumia, P.O And P.S- Bargania, Distt- East Champaran.

6. Rina Devi W/O Late Babu Prasad Daughter Of Late Haribhajan Mahto Resident Of Village- Barapakar, P.O- Dulma, P.S- Madhubani, DisttEast Champaran

7. Rita Devi W/O Radhe Shyam Prasad Daughter Of Late Haribhajan Mahto Resident Of Village And P.O- Bargania, P.S- Bargania, DistrictEast Champaran.

8. Ranju Kumari

9. Indu Kumari Minor Daughter Of Late Haribhajan Mahto Under The Guardianship Of Mostt Bhagmati Devi Mother As Natural Guardian Resident Of Village- Dhakaha Tola Nandpur, P.O- Madhusundan Ghat, Police Station Motihari, Moffasil, District- East Champaran.

10. Hari Chandra Mahto

11. Dhirender Mahto Both Sons Of Late Jayfar Mahto Resident Of Village Dhakaha Tola Nandpur, P.O- Madhusundan Ghat, Police Station Motihari, Moffasil, District- East Champaran.

12. Kanchaniya Devi W/O Chandradeo Mahto Daughter Of Inarman Mahto Resident Of Village Dhakaha Tola, Lakshman , P.O- Dhakaha, P.SMotihari, Moffasil, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Sinha, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER

Patna High Court MJC No.567 of 2014 (4) dt.23-08-2017 23-08-2017 From the office note dated 19.8.2017, it is clear that all the respondents are staying together and except for respondent Nos.5 and 7 all have been served. That apart, notice by registered cover with A/D was sent to respondent Nos.5 and 7 and the acknowledgement card has not been received back even though more than 30 days have elapsed after sending of the aforesaid. Accordingly, respondent Nos.5 and 7 are also deemed to have been served.

This is an application for restoration of Second Appeal No.29 of 2010 which was dismissed for default on 13.9.2010. Keeping in view the reasons indicated in the application and finding them to be bona fide, the application is allowed. Second Appeal No.29 of 2010 is restored to its original file to be placed for orders before the appropriate Bench. (Rajendra Menon, CJ) K.C. jha/- U