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Patna High CourtMJC/2603/2019allowed

Md. Neezam @ Neezamuddin Ansari v. Awadhesh Kumar Singh @ Sah

2022-12-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2603 of 2019 In Miscellaneous Appeal No.615 of 2011 ====================================================== 1.

Md. Neezam @ Neezamuddin Ansari Son of Late Allauddin Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 2.

Bibi Arzoo Minor Daughter of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 3.

Lali Minor Daughter of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 4.

Reshmi Minor Daughter of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 5.

Tarranum Minor Daughter of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 6.

Md. Jishan Minor Son of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 7.

Md. Faijan Minor son of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. 8.

Sharmin Minor son of Md. Neezam @ Neezamuddin Ansari And presented through their father as natural guardian and next friend, Resident of Momin Tola, Mira Bazar, Puraini, P.S.- Jagdishpur District- Bhagalpur. ... ... Petitioner/s

Versus

1.

Awadhesh Kumar Singh @ Sah S/o Late Jagarnath Sah Resident of Village and P.O.- Bhawanipur, Distrcit- Purnea, (Owner of Auto Rikshaw). 2.

United India Insurance Co. Ltd. Through the Branch Manager, Purnea (Katihar).

3.

United India Insurance Co. Ltd. Through the Divisional Manager, Dr. R.P. Road, Bhagalpur (The Insurer of Auto Rikshaw). 4.

Md. Kabir Son of Rahman Saheb Resident of Khiribandh, P.S.- Jagdishpur, District- Bhagalpur, (Owner of the Truck).

5.

Md. Maqsood S/o Late Md. Sattar Resident of Khiribandh, P.S.- Jagdishpur, District- Bhagalpur, (Driver of the Truck).

6.

The Oriental Insurance Company Ltd. Through the Divisional Manager, R.B.S.S., Road, Bhagalpur. (Insurer of Truck). ... ... Opposite Party/s ======================================================

Patna High Court MJC No.2603 of 2019(3) dt.02-12-2022 2/2 Appearance :

For the Petitioners :

Mr. Vivekanand Vivek, Advocate For the Opposite Parties :

Mr. S. Qaisar Hasan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2022 Heard the parties.

This application has been filed for restoration of Misc. Appeal No. 615 of 2011 which stood dismissed for noncompliance of the peremptory order dated 14.05.2013. For the reasons mentioned in this application, it is allowed and Misc. Appeal No. 615 of 2011 is restored to its original file.

(Sandeep Kumar, J) Harsh/ BT U