Md. Aslam v. Hamidun Nissa And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.86 of 2011 ====================================================== Md. Aslam, Son of Abdul Hakim, resident of village - Jahangirpur, P.S.- Kurtha, District - Jehanabad.

.... .... Appellant

Versus

1. Hamidun Nissa, wife of Md. Aslam, resident of village - Jehangirpur, P.S.-Kurtha, District - Jehanabad, P.O.-Karhanji at present posted in the office of S.D.O., Telecom, East Patna as peon.

2. S.D.O. Telecom, East Patna.

.... .... Respondents ====================================================== Appearance:

For the Appellant/s : None.

For the Respondent/s : Mr. Nawabzada Syed Md., Advocate. Mr. Babar Hayat Quadri, Advocate.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 18-04-2018 This appeal was earlier dismissed on 09.07.2014 for non-prosecution. Thereafter, it was restored vide order dated 21.03.2018 passed in MJC No. 256 of 2016 subject to payment of cost of Rs. 2500/-. Yet again when the matter is called out, none has appeared to press the I.A. No. 5340 of 2008 which has been filed for condoning the delay in preferring this appeal which was ordered to be considered at the time of admission on 18.06.2014.

Patna High Court MA No.86 of 2011 (11) dt.18-04-2018 2/2 Learned counsel for the respondent is present. Accordingly, I.A. No. 5340 of 2008 is dismissed for non-prosecution and as a consequence thereof, M.A. No. 86 of 2011 stands dismissed being time barred.

(Dr. Ravi Ranjan, J) (Prakash Chandra Jaiswal, J) Mishra/Rohit U