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Patna High CourtMJC/1484/2016allowed

Santosh Kumar Singh @ Santosh Kumar And ANR v. Smt. Anu Kumari And ANR

2016-09-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1484 of 2016 ======================================================

1. Santosh Kumar Singh @ Santosh Kumar.

2. Pintu @ Pintu Kumar.

Both sons of Ranjit Prasad Singh, resident of village-Bhawani Tola, Police Station-Maner, Post-Office-Rampur Diara, District-Patna. .... .... Appellants/Petitioners.

Versus

1. Smt. Anu Kumari, wife of Shree Dr. Binod Kumar, daughter of Kishnudeo Sharma.

2. Baby, daughter of Kishundeo Sharma.

Both resident of Mohalla-Police Colony, Anisabad, Police StationAnisabad, District-Patna. .... .... Respondents/Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr.

For the Opposite Parties : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 28-09-2016 Heard.

This application has been filed on behalf of the petitioners for restoration of First Appeal No.291 of 2005 which stood rejected on 29.01.2016 for non compliance of the order dated 15.01.2016 passed by this Court, whereby two weeks' further peremptory time was allowed to the learned counsel for the appellants to comply the order dated 06.04.2015 passed by the Lawazima Board to take steps for issuance of appeal notice on the respondent nos.2 and 3 (now respondent nos.1 and 2) under registered cover with A/D at their correct and present address. Learned counsel for the petitioners submits that due to

Patna High Court MJC No.1484 of 2016 (2) dt.28-09-2016 2/2 wrong noting of one month's time to comply the order dated 15.01.2016, the order dated 15.01.2016 could not be complied with within time but the same has now been complied with on 16.02.2016.

In view of the submission of the learned counsel for the petitioners, this application is allowed and the First Appeal No.291 of 2005 is restored to its original file and number subject to the condition that the order dated 15.01.2016 passed by this Court has been fully complied with on 16.02.2016. (Rajendra Kumar Mishra, J) P.S./- U