Sribhagwan Singh v. Thakur Dayal Singh And ORS

Patna High Court MJC No.1192 of 2016 (3) dt.31-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1192 of 2016 ====================================================== Sribhagwan Singh son of Late Ramashish Singh resident of Village-Milki, PS-Udwantnagar, Distt-Bhojpur.

.... .... Petitioner/s

Versus

1. Thakur Dayal Singh son of Late Awadh Bihari Singh, Resident of Village-Milki, P.O. Karwa, PS-Udwantnagar, Distt-Bhojpur & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigank Mauli, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner as well as learned counsel for the O.P. No.6.

Learned counsel for the O.P. No.6 has submitted that the instant petition has deliberately been filed after expiry of two years and further, the aforesaid intermediary period has not properly been explained.

On the other hand, learned counsel for the petitioner submits that there has been some sort of laches on their behalf while complying with the peremptory order.

Considering the rival submissions, M.A.

No.718/2013 is directed to be restored to its original status on the cost of Rs. 5000/- which should be deposited to the High Court Legal Services Committee and further, deposit the receipt in token thereof, within seven days.

Patna High Court MJC No.1192 of 2016 (3) dt.31-08-2016 Consequent thereof, MJC No. 1192/2016 is allowed. However, it is made clear that in case of amount is not deposited within seven days, then in that event, the instant order will cease to operate.

(Aditya Kumar Trivedi, J) perwez U