Nand Kishore Singh v. Bibi Alima Khatoon @ Bibi Aliman Khatoon

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1655 of 2022 In CIVIL MISCELLANEOUS JURISDICTION No.357 of 2022 ====================================================== 1.

Nand Kishore Singh Son of Late Shiv Narayan Singh, Resident of VillagePipra, P.S. Lodipur, District - Bhagalpur. 2.

Sanjay Kumar Singh son of Late Saryug Singh, Resident of Village- Pipra, P.S. Lodipur, District - Bhagalpur.

3.

Dhanjay Kumar Singh son of Late Saryug Singh, Resident of Village- Pipra, P.S. Lodipur, District - Bhagalpur.

4.

Pawan Kumar Singh Son of Late Arjun Singh, Resident of Village- Pipra, P.S. Lodipur, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

Bibi Alima Khatoon @ Bibi Aliman Khatoon Wife of Late Md. Islam, Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand). 2.

Md. Kalam son of Late Md. Islam, Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand).

3.

Md. Chhotu son of Late Md. Islam, Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand).

4.

Md. Reyaz son of Late Md. Islam Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand).

5.

Bibi Sanjeeda Khatoon daughter of late Md. Islam, Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand). 6.

Bibi Chunni daughtr of late Md. Islam, Resident of Village - Sultanpur, P.S. - Sabour, District- Bhagalpur, at present residing at Mohalla Kumardubbi, P.S. and District- Dhanbad, (Jharkhand).

7.

Bibi Samida Khatoon daughter of Late Shekh Azim, Resident of VillageHarna, P.O.- Buzurg Harna, P.S. - Rajaur, District- Banka. 8.

Bibi Namida Khatoon Daughter of Late Shekh Azim, Resident of VillageHarna, P.O.- Buzurg Harna, P.S. - Rajaur, District- Banka. 9.

Bibi Rashida Khatoon Daughter of Late Shekh Azim, Resident of VillageHarna, P.O.- Buzurg Harna, P.S. - Rajaur, District- Banka. 10.

Smt. Rajani Devi wife of Digamber Jha, Resident of Village and P.O. and P.S. Sabaur, District- Bhagalpur.

11.

The State of Bihar through the Collector, Bhagalpur. 12.

Smt. Sunita Devi Wife of Late Amar Kumar Singh, Resident of VillagePipra, P.S. - Lodipur, District- Bhagalpur.

Patna High Court MJC No.1655 of 2022(2) dt.12-10-2022 2/3 13.

Guddu Devi Daughter of Late Amar Kumar Singh, Resident of VillagePipra, P.S. - Lodipur, District- Bhagalpur. 14.

Sweeti Devi Daughter of Late Amar Kumar Singh, Resident of VillagePipra, P.S. - Lodipur, District- Bhagalpur. 15.

Vikki Kumar Singh son of Late Amar Kumar Singh, Resident of VillagePipra, P.S. - Lodipur, District- Bhagalpur. 16.

Mritunjay Kumar Singh son of Late Saryug Prasad Singh, Resident of Village- Pipra, P.S. - Lodipur, District- Bhagalpur. 17.

Jayant Kumar Singh son of Late Rajeev Singh @ Alok Niranjan Singh, Resident of Village- Pipra, P.S. - Lodipur, District- Bhagalpur. 18.

Bhawani Singh son of Late Rajeev Singh @ Alok Niranjan Singh, Resident of Village- Pipra, P.S. - Lodipur, District- Bhagalpur. 19.

Manoj Kumar Singh son of Late Shyam Sharan Singh, Resident of VillagePipra, P.S. - Lodipur, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2022 Heard learned Counsel for the parties concerned. This application has been filed for restoration of Civil Misc. No. 357 of 2022, which got dismissed for default due to non-compliance of the peremptory order, dated 30.06.2022. Learned Counsel for the petitioners submits that the petitioners were required to file requisites for issuance of notices upon respondent nos. 1 to 19 on or before 14.07.2022. The requisites for issuance of notices were filed by the petitioners on 13.07.2022 with regard to respondent nos. 1 to 10 only inasmuch as respondent no. 11 is the State of Bihar through the Collector, Bhagalpur and has already entered appearance in

Patna High Court MJC No.1655 of 2022(2) dt.12-10-2022 3/3 Civil Misc. No. 357 of 2022 and respondent nos. 12 to 19 had appeared by filing vakalatnama on 13.07.2022, which was uploaded on the website of this Court on 14.07.2022. In view of the submissions made on behalf of the petitioners, this application is allowed and the connected case, being Civil Misc. No. 357 of 2022 is restored to its original file. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √