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Patna High CourtMJC/1725/2022disposed

Shiv Kumar Singh v. Lallan Singh

2023-04-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1725 of 2022 In SECOND APPEAL No.412 of 2009 ====================================================== 1.

Shiv Kumar Singh (Male), aged about 71 years, S/o Late Babu Ram Pal Singh, Resident of Village- Nepura, P.S.- Deepnagar, District- Nalanda. 2.

Shambhu Singh @ Karu Singh (Male), aged about 52 years, S/o Shiv Kumar Singh, Resident of Village- Nepura, P.S.- Deepnagar, District- Nalanda. 3.

Most. Sangita Devi, (Female), aged about 35 years, Widow of Late Harish Chandra @ Dablu Kumar Singh, Resident of Village- Nepura, P.S.- Deepnagar, District- Nalanda.

4.

Shubham (Male), aged about 12 years, Minor, son of Late Harish Chandra @ Dablu Kumar Singh under guardianship of his natural mother Sangita Devi, Resident of Village- Nepura, P.S.- Deepnagar, District- Nalanda. 5.

Shivam Kumar (Male), aged about 10 years, Minor, son of Late Harish Chandra @ Dablu Kumar Singh under guardianship of his natural mother Sangita Devi, Resident of Village- Nepura, P.S.- Deepnagar, DistrictNalanda. ... ... Petitioners

Versus

1.

Lallan Singh (Male), S/o Sudama Singh, resident of Village- Sahpur, P.S.- Kashichak, District- Nawada.

2.

Chhotan Singh (Male), S/o Late Sheonandan Singh, resident of VillageNepura, P.S.- Deepnagar, District- Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Parties :

Mr. Dinkar Raj Bhandari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2023 The defect no. 3 is ignored for the present.

Heard learned counsel for the petitioners and learned counsel for the opposite parties.

The present application has been filed on behalf of the petitioners for restoration of Second Appeal No. 412 of 2009 which stood dismissed as a whole on 05.02.2020 for non-

Patna High Court MJC No.1725 of 2022(4) dt.05-04-2023 2/2 compliance of the order dated 19.11.2019.

For the grounds mentioned in the restoration application, the present restoration application is allowed and Second Appeal No. 412 of 2009 is restored to its original file. (Sudhir Singh, J) U.K./- U T