Shiv Kumari Kunwar v. Shail Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1590 of 2023 In FIRST APPEAL No.23 of 2019 ====================================================== 1.

Shiv Kumari Kunwar wife of Late Shiv Kumar Pandey, Resident of village - Gheghian, P.O. - Kauri Ram, P.S.- Mohania, District - Kaimur (Bhabua). 2.

Pushpa Devi Wife of Uma Shankar Choubey Resident of village - Darwan, P.O. and P.S.- Mohania, District - Kaimur (Bhabua). ... ... Petitioner/s

Versus

Shail Kumari wife of Radhe Mohan Tripathi, Resident of Mohalla - Kaal Bhairav, House No. K40/16, P.O.- Visheshwar Ganj, P.S.-Kotwali, District - Varanasi presently residing atvillage-Gheghian, P.O.- Kauri Ram, P.S.- Mohania, District-Kaimur(Bhabua).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2024 Heard the parties.

2. The present application has been preferred for restoration of F.A. No. 23 of 2019 which stood dismissed for default vide order dated 28.11.2022.

3. For the reasons assigned in paragraph nos. 6 to 9, this Court is inclined to allow the restoration petition subject to payment of Rs. 1,000/- to the Patna High Court Legal Services Committee.

4. The present petition (MJC No. 1590 of 2023) stands allowed.

5. Let the First Appeal No. 23 of 2019 be restored to its original file.

(Rajiv Roy, J) Adnan/- U