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Patna High CourtMJC/1247/2017dismissed

Vishnu Priya And ORS v. Lakshmi Kumari And ANR

2017-08-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1247 of 2017 In CIVIL MISCELLANEOUS JURISDICTION No.487 of 2016 ====================================================== 1.

Vishnu Priya, 2.

Sarswati @ Sarswati Agrawal, 3.

Surya Mani, Petitioner no.1 to 3 are daughters of Late Chandrachoor Deo, 4.

Shambhu Deva @ Shambhu Prasad Agrawal, 5.

Amar Deva @ Amar Narayan Agarwal, or 6.

Kailash Deva @ Kailash Prasad Agarwal, Petitioner no.4 to 6 are sons of Late Chandrachoor Deo, All are resident of VillageMahadeo, Simariya (Ulao), P.S.- Muffasil (Singhaul O.P.), District- Begusarai.

... ... Petitioner/s

Versus

1.

Lakshmi Kumari, 2.

Chandra Mani, Both daughters of Late Chandrachoor Deo, resident of Village- Mahadeo, Simariya (Ulao), P.S.- Muffasil (Singhaul O.P.), DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2017 The original petitioner, Sushila Devi, is said to have died during the pendency of Civil Misc. No. 487 of 2016. In her absence, the said Civil Misc. No. 487 of 2016 came to be dismissed by an order of this Court, dated 02.03.2017. The legal representatives of said Sushila Devi have filed the present application for restoration of said Civil Misc. No. 487 of 2016. In my view, this application for restoration preferred by the respondents, who were contesting respondents in Civil Misc.

Patna High Court MJC No.1247 of 2017(3) dt.30-08-2017 2/2 No. 487 of 2016, cannot be maintained after the death of the original petitioner, Sushila Devi.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √