Ashok Kumar v. Most. Balkeshari And ORS
Patna High Court MJC No.2419 of 2017 (3) dt.26-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2419 of 2017 In Civil Writ Jurisdiction Case No. 11868 of 2015 ====================================================== Ashok Kumar, Son of Bhanu Pratap Gupta, Resident of Village- Miyapatti, P.O. Manjhi, District- Saran.
.... .... Petitioner
Versus
1. Most. Balkeshari, Wife of Late Ram Pujan Prasasd Sah
2. Rajendra Kumar Gupta
3. Binod Kumar Gupta.
4. Kishore Kumar Gupta.
All Sons of Late Ram Pujan Prasad Sah, O.P. nos. 1 to 4 residents of Ward No. 5 Chowk Bazar, Dhubri Town, District- Dhubri (Assam).
5. Manorama Devi, Daughter of Ram Pujan Prasad Sah, and wife of Gopi Nath Gupta, Resident of Gauripur, Ward No. 4, P.O. Gauripur, DistrictDhubri (Assam).
6. Gita Devi, Daughter of Ram Pujan Prasad Sah, Wife of Rama Shankar Prasad, Resident of 10 Mile, Rishi Road, Kalimpong, District- Darjeeling (West Bengal).
7. Malti Devi, Daughter of Ram Pujan Prasad Sah, and wife of Radha Krishna Saha, Resident of Raikatpara, Jalpaiguri, P.O. Jalpaiguri, DistrictJalpaiguri, (West Bengal).
8. Usha Devi, Daughter of Ram Pujan Prasad Sah, and wife of Pradeep Kumar Gupta, Resident of Pradeep Dry Cleaners, Kalimparg, Chowk Bazar, District- Darjeeling (West Bengal).
9. Manju Devi, Daughter of Ram Pujan Prasad and wife of Murali Prasad, Resident of Murali Bhawan, Lake Town, in front of Mira Medical Hall, P.O. Siliguri, District- Darjeeling (West Bengal).
10. Keshav Prasad Sah, Son of Late Nag Narain Sah, Resident of Mohalla Ward No. 5, Chowk Bazar, Town, P.O. Dhubri, District Dhubri, (Assam).
11. Maya Devi, Daughter of Late Kanhaiya Lal Sah, and wife of Jawahar Sen Gupta, Resident of Mohalla Ward No. 7 C.R. Das Road, Dhubri, District Dhubri (Assam).
12. Ramawati Devi, Wife of Late Madan Lal Sah.
13. Rajesh Kumar Gupta
14. Rakesh Kumar Gupta Both sons of Late Madan Lal Sah.
15. Jyoti Kumari
16. Nisha Kumari Both Daughters of Late Madan Lal Sah, Residents of Ward No. 5, Mohalla Chowk Bazar, Dhubri Town, P.S. Dhubri, District Dhubri (Assam).
17. Savitri Devi, Daughter of Nag Narayan Sah and Wife of Late Rajendra Prasad, Resident of 'Rajendra Prasad Raj Kumar Saraf', Shaheed Park, Town and District Ballia (U.P.).
18. Tara Devi, Daughter of Nag Narayan Sah and Wife of Om Prakash Gupta, Resident of Carriage Establishment Section, Deputy C.M.E. Office Wagon Carriage, North Railway, Lucknow (U.P.).
19. Anil Kumar
Patna High Court MJC No.2419 of 2017 (3) dt.26-07-2018
20. Sunil Kumar Both Sons of Bhanu Pratap Gupta, Residents of Village- Miyapatti, P.O. Manjhi, P.S. Manjhi, District Saran.
21. Renu Kumari, Daughter of Bhanu Pratap Gupta, and Wife of Ganga Sagar Prasad, Resident of Town Sahatwar, Mohalla Old Bazar, P.O. and P.S. Sahatwar, District Balia (U.P.).
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Rai, Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner.
This M.J.C. application has been filed for restoration of C.W.J.C. No.11868 of 2015 which was dismissed for default on 15.02.2016 due to non-compliance of peremptory order dated 04.02.2016.
In view of submissions of learned counsel for the petitioner as well as the statements made in the application, this M.J.C. application is allowed and C.W.J.C. No.11868 of 2015 is restored to its original file. The requisites of notice filed beyond time are hereby accepted.
Office to proceed accordingly.
(Sanjay Kumar, J) Harish/- U