Patna High CourtMJC/2372/2015allowed

Awadhesh Prasad And ORS v. Ashok Kumar And ORS

2017-04-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2372 of 2015 In First Appeal No. 800 of 1994 ======================================================

1. Awadhesh Prasad.

2. Suresh Prasad.

3. Ramesh Prasad.

4. Rajeshwar Prasad.

5. Vivek Kumar.

All sons of Raj Kishore Dayal.

6. Raj Kishore Dayal, Son of Late Fakir Chand Dayal. All residents of village - Dak Khana, P.S. Kutumba, District - Aurangabad .... .... Petitioners.

Versus

1. Ashok Kumar .

2. Santosh Kumar.

Both sons of Late Nand Kishore Dayal.

3. Lakhpati Devi, Wife of Sakhi Chandra Dayal. All residents of village - Dak Khana, P.S. Kutumba, District - Aurangabad.

4. Asha Devi, Wife of Ravindra Prasad, resident of village - Navi Nagar Road, Dak Khana, P.S. Navi Nagar, District - Aurangabad. .... .... Opposite Parties.

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

For the Petitioners : Mr. For the Opposite Parties : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 26-04-2017 Heard.

This application has been filed on behalf of the petitioners for restoration of First Appeal No.800 of 1994, which stood dismissed for default due to non compliance of the peremptory order dated 05.08.2015 passed by this Court. For the reasons mentioned in this application, the same is

Patna High Court MJC No.2372 of 2015 (2) dt.26-04-2017 2/2 allowed and the First Appeal No.800 of 1994 is restored to its original file and number, subject to the condition that the order dated 05.08.2015 passed in First Appeal No.800 of 1994 is fully complied with within four weeks.

(Rajendra Kumar Mishra, J) P.S./- U