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Patna High CourtMJC/1165/2023allowed

Santosh Chaudahry v. Veena Devi

2025-01-17Mr. Justice Prabhat Kumar Singh,Mr. Justice Vipul M. Pancholi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1165 of 2023 In Miscellaneous Appeal No.18 of 2018 ====================================================== Santosh Chaudahry Son of Late Garjan Choudhary Resident of C-146 Katariya Road, Prem Nagar 2 Kirari Suleman Naar North West Delhi P.S.- Pipra, District-Delhi.

... ... Petitioner

Versus

Veena Devi W/o Santosh Chaudhary Presently Residing at Village-Dewan Ke Barka Gaon P.S.-Sikraul, District- Buxar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mohit Shriwastava, Advocate For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 17-01-2025 Heard Mr. Mohit Shriwastava, learned Advocate for the petitioner.

2. Learned Advocate for the petitioner submits that the present application has been filed for restoration of Miscellaneous Appeal No. 18 of 2018 which was rejected for non-removal of defects. Learned Advocate for the petitioner submits that this Court vide order dated 25.04.2019 granted time to the appellant/petitioner to remove the defects by 02.05.2019. However, the appellant/petitioner could not remove the defects within the stipulated time and, therefore, the same stands rejected. Learned Advocate thereafter referred to the averments

Patna High Court MJC No.1165 of 2023(3) dt.17-01-2025 2/2 made in this application and submitted that for the reasons stated in this application he could not remove the defects within the stipulated time. However, learned Advocate submits that now he will remove the defects within a period of four weeks.

3. Looking to the facts of the present case, this application is allowed.

4. Accordingly, Miscellaneous Appeal No. 18 of 2018 stands restored to its original file.

(Vipul M. Pancholi, J) ( Prabhat Kumar Singh, J) GKS/- U T