Seikh Md. Aihussain v. Zainul And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2157 of 2016 ====================================================== Seikh Md. Aihussain .... .... Petitioner/s

Versus

Zainul & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-09-2018 Learned counsel appearing for the applicant submits that vide order dated 26.07.2018, this court ordered for restoration of First Appeal No. 42 of 2012 to its original file and number but a condition was imposed that if the order dated 24.08.2012 passed in First Appeal No. 42 of 2012 is not complied with within six weeks from the order dated 26.07.2018, the First Appeal No. 42 of 2012 shall not be deemed to be restored. Learned counsel for the applicant further submits that, as a matter of fact, before passing order dated 26.07.2018, peremptory order passed in First Appeal No. 42 of 2012 had already been complied with and therefore, there was no need to impose condition upon the applicant. In view of the aforesaid submission, the condition imposed upon the applicant vide order dated 26.07.2018 shall be deemed to be redundant.

Patna High Court MJC No.2157 of 2016 (5) dt.26-09-2018 2/2 Accordingly, order dated 26.07.2018 stands modified to the above stated extent.

(Hemant Kumar Srivastava, J) SHAHZAD/-Rajeev U