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Patna High CourtMJC/3138/2013allowed

Rita Mishra v. Madhuri Mishra And ANR.

2017-01-13Mr. Justice Rakesh Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3138 of 2013 In M.A. No. 233 of 2012 ====================================================== Rita Mishra wife of late Vinod Kumar Mishra .... .... Petitioner/s

Versus

Madhuri Mishra wife of Ganesh Mishra & Anr.

.... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kr. Chandram For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-01-2017 Heard Sri Rakesh Kumar Chandram, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore M.A. No. 233 of 2012, which stood dismissed on 26-04-2013, due to non-prosecution.

Learned counsel for the petitioner submits that due to problem in spinal cord, the counsel for the petitioner was on bed rest and he was not going to Court and due to his non-appearance, the misc. appeal on 26-04-2013 stood dismissed. It was submitted that immediately after learned counsel for the petitioner recovered, he filed the present restoration petition in the month of June, 2013. In view of ground set-forth in the petition, the restoration petition is allowed.

Let M.A. No. 233 of 2012 be restored to its original file. (Rakesh Kumar, J.) Anay U