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Patna High CourtMJC/4111/2014allowed

Kanhaiya Prasad And ORS. v. Nagendra Singh And ORS.

2015-09-30Mr. Justice Kishore K. Mandal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4111 of 2014 In SA 60 of 2013 ======================================================

1. Kanhaiya Prasad

2. Krishna Prasad

3. Radhe Shyam Prasad All are sons of Late Jagarnath Sah

4. Radhika Devi wife of Gauri Shankar Sah, daughter of Late Jagarnath Sah All Resident of Tari Bazar, Police Station - Raghunathpur, District - Siwan

5. Prahlad Prasad

6. Harendra Prasad @ Raghav Ji Both sons of Late Baij Nath Prasad Both Resident of Vari @ Tari Bazar, Police Station - Raghunathpur, District - Siwan

7. Kanti Devi wife of Kedar Prasad Daughter of Late Baij Nath Prasad resident of Falka Bazar, District - Katihar

8. Sri Narayan Prasad

9. Ram Narayan Prasad Both sons of Late Dina Nath Prasad

10. Shiv Kumari Devi

11. Lal Kumari Devi

12. Shiv Dulari Devi All daughter of Dina Nath Prasad

13. Ramakant Prasad Gupta @ Ramakant Pd.

14. Chandrasan Prasad Gupta

15. Kishun Kumar Gupta

16. Raj Kumar Gupta

17. Sanjay Kumar Gupta All are son of Late Dev Nath Sah

18. Parwati Devi wife of Late Dev Nath Sah

19. Hewanti Devi wife of Late Dev Nath Sah

20. Buni Lal Sah son of Saryug Sah

21. Laveng Sah

22. Hira Sah

23. Jawar Sah

24. Parmatma Sah

25. Satyendra Sah All are sons of Sri Ram Sah

26. Bimlesh Devi

27. Shiv Kumari Devi

28. Dhan Kumari Devi All are daughter of Sri Ram Sah All are resident of Village - Tari Bazar, Police Station - Raghunathpur District - Siwan .... .... Defendant/Appellants/Petitioner/s

Versus

1. Nagendra Singh

2. Ravindra Kumar Singh Both Sons of Late Ramayan Singh

3. Smt.Janki Devi

4. Smt. Lalita Devi

5. Smt. Kanti Devi

6. Smt. Indu Devi All daughter of Late Ramayan Singh

7. Most. Kusmi Kuer wife of Late Shiv Janam Bari

8. Anand Kumar Son of Late Shiv Janam Bari

9. Ranjeet Kumar Son of Late Shiv Janam Bari

10. Smt. Sunita Devi wife of Late Shiv Janam Bari

11. Narayan Mishra son of Devi Mishra All are resident of Village - Tari,

Patna High Court MJC No.4111 of 2014 (4) dt.30-09-2015 2/3 Post office - Gabhirar, Police Station - Raghunathpur District - Siwan

12. District Board through Special Officer, Siwan

13. Sursati Devi

14. Girija

15. Kamlawati

16. Chandrawati All are daughters of Late Radha Kishun Sah All are resident of Village - Tari, Post office - Gabhirar, Police Station - Raghunathpur District - Siwan .... .... Plaintiffs/Respondent/s ====================================================== Appearance :

For the Petitioner/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-09-2015 The application seeks restoration of S.A. No. 60 of 2013 to its original file and number which stood dismissed on account of non compliance of the peremptory order dated 03.09.2014 whereby the appellants were granted three weeks time to file the deficit court fee. No one has appeared on behalf of the petitioner.

It appears from the statements made in para 4 of the application that the deficit court fee was filed on 26.09.2014 i.e. few days after the expiry of the time granted by the Court. The Interlocutory Application was also filed on 25.09.2014 presumably for extending the time for condoning the delay in filing the deficit Court fee.

Having regard to the submission made in the application, the same is allowed. Time granted under order dated

Patna High Court MJC No.4111 of 2014 (4) dt.30-09-2015 3/3 03.09.2014 is extended to 26.09.2014 subject to deposit of a cost in the sum of 300/- (Three hundred) with the Patna High Court Legal Services Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) Shyam/- U