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Patna High CourtC. REV./410/2018dismissed

Damodar Mandal And ORS v. Jawahar Mandal And ORS

2019-09-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.410 of 2018 In SECOND APPEAL No.560 of 2010 ====================================================== 1.

Damodar Mandal and Ors 2.

Samodar Mandal Both S/o Late Jugal Mandal 3.

Maya Devi W/o Bindeshwari Mandal, All are resident of Village - Madhuban Tola Tintanga, P.S. - Udakishunganj, District Madhepura.

... ... Petitioner/s

Versus

1.

Jawahar Mandal S/o Late Suryug Prasad Mandal @ Late Saryug Mandal 2.

Prahlad Kumar Mandal S/o Sri Jawahar Lal Mandal @ Jawahar Mandal 3.

Manohar Mandal S/o Late Suryug Prasad Mandal @ Late Sauyug Mandal All are resident of Village - Madhuban Tola Tintanga, P.S. - Udakishunganj, District Madhepura.

4.

The State of Bihar through Collector, Madhepura, District - Madhepura. 5.

Sub-Divisional Officer, Udakishunganj, P.O. and P.S. Udakishunganj, District Madhepura.

6.

The Circle Officer, Udakishunganj, District - Madhepura. Basudeo Mandal S/o Late Banwari Mandal, resident of Village-Madhuban Tola Tintanga, P.S. Udakishunganj, District - Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Md. Khurshid Alam Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2019 Heard both sides on I.A. No.7301 of 2018 which is filed for condonation of delay of more than five years and six months.

Learned counsel for the petitioners submits that the petitioners filed Second Appeal No.560 of 2010 against the

Patna High Court C. REV. No.410 of 2018(3) dt.06-09-2019 2/2 judgment and decree of reversal passed in title appeal. The second appeal was dismissed on 18.01.2013 at the admission stage itself holding that no substantial question of law is involved for consideration in the second appeal. It is submitted that the petitioners have been paying rent till 2017 but the payment of rent till 2017 is not material fact. The second appeal filed by the petitioners was dismissed on 18.01.2013 but the petitioners did not file either review petition or S.L.P. against the judgment and decree passed in Second Appeal No.560 of 2010. The petitioners have not given any explanation for delay of more than five years and six months. Therefore, I find no reason to condone the delay in filing the civil review petition. Accordingly, I.A. No.7301 of 2018 is dismissed. Consequently, this civil review petition is also dismissed.

(Prabhat Kumar Jha, J) Harish/- U