Md. Babar Khan And ANR v. Md. Samiur Rub @ Rabbi And ORS

Patna High Court MJC No.2120 of 2014 (5) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2120 of 2014 In SA 64 of 2012 ======================================================

1. Md. Babar Khan

2. Nisar Khan Both are son of Late Tazamul Hussain Khan Resident of Mohalla - Mehsaul Chowk, Ward No. 23, District - Sitamarhi.-Petitioner.

Versus

1. Md. Samiur Rub @ Rabbi Son of Md. Washir Rub at present resident of Mohalla - Bhawadopur, Ward No. 14, District - Sitamarhi.

2. Smt. Rita Jha Wife of Late Madan Mohan Jha resident of village - Rewsipakari, Tola Dhanwki, Police Station - Riga, District - Sitamarhi, at present Bhavadepur, Sitamarhi, North of Sitamarhi Sadar Hospital T.B. Ward, Police Station and District - Sitamarhi.

3. Md. Zahid Khan Son of Late Tazawal Hussain Khan resident of Mohalla - Mehsul Chowk, Ward No. 23, District - Sitamarhi.... .... Respondents. ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 08-04-2015 Heard the learned counsel for the parties.

For the reasons stated in the restoration application and after considering the submissions on behalf of the learned counsel for the petitioners, the restoration application is allowed and the S.A.No.64 of 2012 is restored to its original file. The learned counsel for the parties have prayed that the second appeal itself be placed for hearing under Order 41 Rule 11 C.P.C. The office is directed to expeditiously place the said appeal, if defect free.

(V. Nath, J) Nitesh/- U