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Patna High CourtCWJC/9012/2012disposed

Kaushlendra Prasad Andors v. Mosmat Amrawati Devi Andors

2015-11-26Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CWJC No.9012 of 2012 (7) dt.26-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9012 of 2012 ======================================================

1. Kaushlendra Prasad Son Of Late Aditya Lal Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

2. Prem Kumar Srivastava Son Of Late Tej Narayan Lal Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

3. Gauri Shankar Srivastava Son Of Tej Narayan Lal Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

4. Bimal Kumar Srivastava Son Of Tej Narayan Lal Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi .... .... Petitioner/s

Versus

1. Mosmat Amrawati Devi Wife Of Late Ganga Nath Jha Resident Of Village - Kusumpur Bekhan, P.S. - Riga, District - Sitamarhi

2. Jamun Prasad Son Of Late Binda Prasad Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

3. Shailendra Prasad Son Of Late Binda Prasad Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

4. Krishna Prasad Son Of Late Binda Prasad Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

5. Mosamat Ramkali Devi Wife Of Late Shivjee Prasad, Daughter Of Rameshwar Lal Resident Of Village - Kusumpur Bekhan, P.S.- Riga, District - Sitamarhi

6. Mosomat Malti Devi Wife Of Late Birendra Prasad Resident Of Village - Raipur, P.S.- Nanpur, District - Sitamarhi

7. Mosomat Shakuntla Devi Wife Of Late Laliteshwar Prasad R/O Village - Rajpatti, P.S.- & District - Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv For the Respondent/s : Mr. Santosh Kr. Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-11-2015 Heard learned counsel for the petitioners as well as learned counsel for the respondents.

Taking into account the submissions raised on behalf of respective parties as well as the order impugned, it looks pertinent to have an opportunity before the plaintiff/petitioner to

Patna High Court CWJC No.9012 of 2012 (7) dt.26-11-2015 pursue with his case by way of last chance on a cost of Rs. 5,000/- which should be deposited within four weeks positively failing which the order impugned will lose its identity. The impugned order is set aside. The petition is allowed.

(Aditya Kumar Trivedi, J) perwez U T