Manoj Kumar v. Sajda Khatoon

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3044 of 2019 In Civil Writ Jurisdiction Case No.5526 of 2015 ====================================================== 1.

Manoj Kumar Son of Late Inderdeo Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda. 2.

Randhir Kumar Son of Late Ramji Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda. 3.

Visun Prasad Son of Late Ramji Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda.

4.

Anand Kumar Son of Late Ramji Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda.

5.

Awdesh Kumar Son of Arjun Singh and Late Urmila Devi Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda. 6.

Basanti Devi Daughter of Late Ramji Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda. 7.

Rekha Sinha Daughter of Late Ramji Prasad Resident of Village Ajnaura, Police Station Noor Saral, District- Nalanda. ... ... Petitioner/s

Versus

1.

Sajda Khatoon Widow of Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 2.

Imtiyaz Ahmad Son of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 3.

Mumtaz Ahmad Son of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 4.

Imbisat Ahmad Son of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 5.

Neyaz Ahmad Son of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 6.

Sahjad Ahmad Son of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 7.

Samsiya Khatoon Daughter of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 8.

Najmi Khatoon Daughter of Late Rayees Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 9.

Kudusiya Khatoon Widow of Late Razi Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 10.

Hayat Ahmad Son of Late Razi Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 11.

Faiyaz Ahmad Son of Late Razi Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda.

Patna High Court MJC No.3044 of 2019(3) dt.01-03-2024 2/3 12.

Aftab Ahmad Son of Late Razi Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 13.

Musharaf Fatima Daughter of Late Razi Ahmad Resident of Khanquah, Police Station Laheri, Murarpur, Biharsharif, District Nalanda. 14.

Pran Prabhakar Son of Sri Chandrika Prasad Resident of Village- Ajnowra, Police Station- Hoorsarai, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 5526 of 2015, which has stood dismissed for want of prosecution by an order dated 27.06.2019.

2.

The learned counsel for the petitioners has submitted that since the counsel for the petitioners was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court MJC No.3044 of 2019(3) dt.01-03-2024 3/3 petitioners as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 5526 of 2015, to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U