Gita Devi And ORS v. Kameshwar Chaudhary And ORS

Patna High Court MJC No.143 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.143 of 2017 In First Appeal No. 510 of 1990 ====================================================== Gita Devi and ors. .... .... Petitioner/s

Versus

Kameshwar Chaudhary and ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Respondent/s : Mr. Ranjan Kumar Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 This MJC has been filed for restoration of First Appeal No. 510 of 1990 which was abated as a whole vide order dated 08.09.2016.

Submission is that the petitioners have filed I.A. No. 935/17 for setting aside the abatement and to substitute the name of legal heirs of deceased-appellant.

Heard both the learned counsels and perused the records.

In the facts and circumstances and considering the grounds, the First Appeal which has been abated as a whole is restored to its original file. To set aside the abatement and to substitute the legal heirs of the sole appellant the matter will be considered when the I.A. will be put up for hearing. (Jitendra Mohan Sharma, J) sushma/- U