Ayodhya Prasad Singh Trust Estate v. Anil Kumar Singh And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1957 of 2016 Arising out of Letters Patent Appeal No. 2188 of 2015 ====================================================== Ayodhya Prasad Singh Trust (Estate), Nao Kothi, Begusarai through Ram Chandra Prasad Shahi (newly Substituted Secretary), son of Late Sadhu Sharan Prasad Shahi .... .... Appellant/s
Versus
1. Anil Kumar Singh, son of Late Braj Kishore Prasad Singh, resident of Janki Niwas, Kachhery Road, Police Station- Town Begusarai and DistrictBegusarai.
2. Bihar State Board of Hindu Religious Trust, through Special Officer, Vidyapati Marg, Patna.
3. Gopal Prasad Singh, Son of Late Braj Kishore Prasad Singh
4. Arvind Kumar Singh, son of Late Braj Kishore Prasad Singh (Both Sl Nos. 3 and 4 are resident of Janki Niwas, Kachhery Road, Police Station- Town Begusarai and District- Begusarai. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 24-06-2016 Re.: Miscellaneous Jurisdiction Case No.1957 of Learned counsel for the petitioner has removed the defects.
The application is for restoration of the appeal dismissed for non-complaince of the order dated 5th May, 2016 wherein, the appellant was to file requisites for issuance of notice
Patna High Court MJC No.1957 of 2016 (2) dt.24-06-2016 2/2 upon respondents no. 1, 3 and 4 within three days. Learned counsel for the petitioner has pointed out that due to inadvertence, the requisites could not be filed, but requisites have been filed on 11th May, 2016 i.e., within one week. Keeping in view the fact that there is no lack of bona fide, we deem it appropriate to recall the order of dismissal of the appeal and restore the appeal to its original number. Accordingly, the application stands allowed.
Re.: Letters Patent Appeal No. 2188 of 2015 Let notice be issued to respondents no. 1, 3 and 4 in appeal.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Anjani/- U