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Patna High CourtMJC/3454/2015allowed

Ranjana Kumari And ANR v. Anil Kumar Chakarbarty

2016-01-11Mr. Justice Ramesh Kumar Datta,Mr. Justice Sudhir Singh2 pages

Patna High Court MJC No.3454 of 2015 (2) dt.11-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3454 of 2015 In MA 103 of 2012 ======================================================

1. Ranjana Kumari Wife of Anil Kumar Chakarbarty,

2. Aryan @ Ravi Ranjan Chakarbarty through his mother and Natural Guardain Ranjana Kumari, C/o Smt. Neelam Chandran, House of Jainandan Prasad, House No. B.7, A.G. Colony, P.O. and P.S. - Shastri Nagar- District - Patna.

.... .... Petitioner/s

Versus

1. Anil Kumar Chakarbarty Son of Late Amrit Prasad Singh, Resident of Village - Pendapur, P.O. - amba, P.S. - Rahui, District - Nalanda, presently posted as J.e. (Singnal), Central Organization for Railway electrification, Nawab Yusuf Road, Civil Lines, Allahabad, Uttar Pradesh. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjai Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 11-01-2016 Learned counsel for the petitioners submits that inadvertently the peremptory order dated 22.09.2014 has not been properly complied with as the requisites were not filed in correct form though they had been filed within the time. It is further submitted that subsequently the petitioner had filed the requisites under the proper form though after the peremptory time granted.

In the aforesaid circumstances, it is directed that the M.A.No.103 of 2012 shall stand restored to its original file.

Patna High Court MJC No.3454 of 2015 (2) dt.11-01-2016 The restoration application is, accordingly, allowed. Office is directed to issue notice of hearing in the appeal. (Ramesh Kumar Datta, J) (Sudhir Singh, J) B.Kr./- U