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Patna High CourtMJC/6497/2013disposed

Ganesh Prasad Singh And ORS. v. Sri Wakil Prasad Singh And ORS.

2016-12-14Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6497 of 2013 Arising out of Civil Writ Jurisdiction Case No. 12387 of 2011 ===========================================================

1. Ganesh Prasad Singh

2. Mahesh Prasad Singh

3. Pappu Kumar Singh

4. Rajesh Kumar Singh All Sons Of Late Bhaso Rai Resident Of Village- Harpur Jairam, P.S.- Barauni, Distt.- Begusarai .... .... Petitioner/s

Versus

1. Sri Wakil Prasad Singh Son Of Late Shree Singh

2. Rajendra Prasad Singh Son Of Late Dasrath Singh Resident Of VillageSinghma, P.S.- Matihani, Distt.- Begusarai

3. Jagdish Prasad Singh Son Of Late Dasrath Singh Resident Of Village- Singhma, P.S.- Matihani, Distt.- Begusarai

4. Smt. Bachi Devi Wife Of Ramanand Singh Resident Of Village- Deendeyalpur, P.S.- Teghra, Distt.- Begusarai

5. Akhileshwar Singh Son Of Late Turantu Singh Resident Of Village- Singhma, P.S.- Matihani, Distt.- Begusarai

6. Amashish Singh @ Ashok Kumar Singh Son Of Late Turantu Singh Resident Of Village- Singhma, P.S.- Matihani, Distt.- Begusarai .... .... Opp. Party/s =========================================================== Appearance :

For the Petitioner/s :

Dr. Amrendra Kumar, Advocate For the Opp. Party/s :

Mr. Sanjeet Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-12-2016

Patna High Court MJC No.6497 of 2013 dt.14-12-2016 2/2 Heard learned counsel for the parties.

The present application has been filed seeking recall of the order dated 19.12.2013 in C.W.J.C. No. 12387 of 2011 by which the case had been dismissed for non-prosecution. Learned counsel for the petitioners submitted that under wrong impression, the case could not be attended to and for which apology has also been sought.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that sufficient cause has been shown for learned counsel not being present on 19.12.2013 when the case was dismissed for non-prosecution. Accordingly, the order dated 19.12.2013 in C.W.J.C. No. 12387 of 2011 stands recalled and the case stands restored to its original file and number.

The application stands disposed off.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR U