Bhikhari Rai And ORS v. Chani Lall Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2039 of 2015 In First Appeal No.401 of 1974 ====================================================== 1.

Bhikhari Rai Son of Late Parmeshwar Rai 2.

(a) Shanti Devi Wife of Late Nawal Kishore Rai (b) Gauri Shankar Yadav (c) Shiva Shankar Yadav Both Sons of Late Nawal Kishore Rai (d) Prabhawati Kumari (Minor) Daughter of Nawal Kishore Rai deceased under the gaurdianship of her mother Shanti Devi All Resident of village Majhar P.s Pakridayal Distrct East Champaran (e) Umravati Devi Daughter of Nawal Kishore Rai deceased and wife of Rameshwar Prasad Yadav. Village Lal Bagiya P.s Chiraiya Distrcit East Champaran.

3.

Ram Ayodhya Rai Son of Late Parmeshwar Rai Resident of village Sirhan Tola Majhar P.s Patahi District East Champaran ... ... Petitioner/s

Versus

1.

Chunni Lal Rai & Ors Son of Chunni Lall Rai 2.

Bijuli Rai Son of Chunni Lall Rai 3.

Kameshwar Rai Son of Bijuli Rai 4.

Hari Shankar Rail Son of Asarfi Rai 5.

Khelawan Rai son of Asarfi Rai 6.

Banarsi Rai Son of Harishankar Rai 7.

Jogindra Rai Son of Harishankar Rai 8.

(c) Urmila Devi Wife of Bachu Rai Village Kaus Pakri P.s Madhuban District East Champaran (d) Pramila Devi Wife of Mukti Rai Village Bara Pakar P.S Madhuban Distrcit East Chmparan.

(e) Bhulily Kumari (Minor) Under the guardianship of her borghter Brahmdeo Rai 9.

Brahamdeo Rai Son of Late Ram Lakhan Rai

10. Kamdeo Rai Late Ram Lakhan Rai All Residents of village Sirhan Tola Majhar P.s Patahi Distrcit East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar, Advocate For the Respondent/s :

Mr. Md. Shahab Khalil Advocate Mr. Asif Kalim, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2017 Substitution as prayed for in I.A. No.5805 of 2016 is allowed. Substitution and correction be carried out in the main

Patna High Court MJC No.2039 of 2015(4) dt.08-09-2017 2/2 petition during the course of the day.

This application has been filed for restoration of First Appeal No.401 of 1974 which stood dismissed for want of prosecution on 27.03.2015.

Keeping in view the reasons indicated in the application, the same is allowed. First Appeal No.401 of 1974 is restored to its original file.

(Rajendra Menon, CJ) Sunil/- U