Patna High CourtMJC/1044/2015disposed

Krishna Ram And ORS v. Pramod Dusadh And ORS

2015-09-30Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1044 of 2015 In Civil Writ Jurisdiction Case No. 10032 of 2010 ======================================================

1. (i) Krishna Ram.

2. (ii) Bhola Paswan.

3. (iii) Ramlal Paswan.

4. (iv) Shyamlal Paswan. All are sons of Late Mahadeo Dusadh.

5. Surajmal Dusadh.

6. Bijendra Dusadh.

7. Dhirendra Dusadh.

8. Nagendra Dusadh.

All no. 2 to 5 are sons of Late Bakhora Dusadh.

9. Chandrakanti Kuer, W/o Late Bakhora Dusadh. All are resident of village - Khambha, P.S.- Mali, District - Aurangabad. .... .... Petitioner/s

Versus

1. (i) Pramod Dusadh.

(ii) Binod Dusadh.

(iii) Guddu Dusadh.

(iv) Manoj Dusadh.

All are sons of Late Bigan Dusadh.

1 (v) Tetri Devi. W/o Late Bigan Dusadh.

2. Jugal Dusadh.

3. Naresh Dusadh.

4. Awadhesh Dusadh.

5. Prevesh Dusadh.

All Sl. No, 2 to 4 are sons of Late Sasti Dusadh. All are resident of village - Khambha, P.S.- Mali, District - Aurangabad.

6. Janki Sahu. S/o Late Haricharan Sahu.

7. Ramchandra Sahu. S/o Late Tribeni Sahu.

8. Gopal Sahu.

9. Binod Sahu.

Both sons of Late Narayan Sahu.

10. Baijnath Sahu, S/o Late Hazari Sahu.

All are resident of village - Khambha, P.S.- Mali, District - Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakmesh Marvind For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners. Despite issuance of show cause notice to the opposite parties they have

Patna High Court MJC No.1044 of 2015 (3) dt.30-09-2015 chosen not to appear and not to contest the present matter. The present MJC application has been filed on behalf of the petitioners for restoration of CWJC No.10032 of 2010, which stood dismissed for want of prosecution by an order dated 02.03.2015.

For the reasons disclosed in the present MJC application, the prayer for restoration is allowed and CWJC No.10032 of 2010 is directed to be restored to its original file subject to deposit of costs of Rs.2,000/- (rupees two thousand) with the Patna High Court Legal Services Committee within a period of three weeks.

If the costs aforesaid is not deposited by the petitioners within the aforesaid period of three weeks, then the present MJC application shall be construed to have stood rejected on account of non-compliance of the Court's order. If the costs is deposited by the petitioners within the aforesaid period of time, then CWJC No.10032 of 2010 shall be restored to its original file and shall be listed before the appropriate Bench, as per the roster, after obtaining necessary permission from Hon'ble the Chief Justice.

The present application stands finally disposed of. (Birendra Prasad Verma, J) Arvind/- U