Rajeshwari Devi v. Kaushalya Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1648 of 2018 In FIRST APPEAL No.232 of 2011 ====================================================== Rajeshwari Devi Wife of Sri Ram Bhajan Singh, Resident of Village- Chorha, P.O.- Padariya, P.S.- Simra, District- Aurangabad. at present resident of Village- Bharaundha Tolw, Banahi, P.O.P.S.- Risiup, District- Aurangabad. ... ... Petitioner/s

Versus

1.

Kaushalya Devi Wife of Kedar Singh, Resident of Village- Kanthi Bigha, P.O.P.S.- Kutumba, District- Aurangabad.

2.

Panchbarti Devi, Wife of Late Upendra Singh, Resident of VillagePachaukhar, P.O.- Pachaukhar, P.S.- Baluganj, District- Aurangabad. 3.

Raj Kumari Devi, Wife of Sri Basant Singh, Resident of VillageKharaundha, P.O.P.S.- Tendauwa, District- Aurangabad. 4.

Dhanrajiya Devi, Wife of Sri Arjun Singh, Resident of Village- Pachaukhar, P.O.- Pachaukhar, P.S.- Baluganj, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Mrigendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2024

1. The present petition has been filed for restoration of an interlocutory application bearing Interlocutory Application No. 4120 of 2012, filed in First Appeal No.232 of 2011, which has stood dismissed for want of prosecution by an order dated 07.04.2014.

2. The learned counsel for the petitioner submits that on account of personal difficulty, he could not appear on the day, the said interlocutory application was called out for hearing, resulting in dismissal of the same for want of

Patna High Court MJC No.1648 of 2018(3) dt.11-01-2024 2/3 prosecution. Nonetheless, the learned counsel for the petitioner has not been able to satisfactorily explain the huge delay in filing the present petition, however, he submits that the petitioner is ready to comply with such conditions, as may be deemed fit and proper to be imposed upon him by this Court, for the purposes of restoration of the aforesaid interlocutory application.

3. Per contra, though the learned counsel for the respondents has opposed the present petition, however, he submits that in case the petitioner is put to certain terms including payment of cost, he shall have no objection to the present petition being allowed.

4. Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the parties, though I deem it fit and proper to direct for restoration of the aforesaid Interlocutory Application bearing Interlocutory Application No.4120 of 2012, however, subject to the petitioner depositing a sum of Rs.5,000/- with the Patna High Court Legal Services Committee, Patna, within a period of four weeks from today as also subject to payment of a sum of Rs.5,000/- to the learned counsel appearing for the respondents, within the same time frame and furnishing the receipt thereof

Patna High Court MJC No.1648 of 2018(3) dt.11-01-2024 3/3 before the Registry of this Court.

5. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U