Smt. Chandra Prabha Devi And ORS v. Afroj Alam And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.650 of 2017 In SECOND APPEAL No.469 of 1999 ====================================================== 1.1. Smt. Chandra Prabha Devi, w/o Late Kaushal Kumar, 1.2. Mritunjay Kumar, son of Late Kaushal Kumar, 1.3. Puranjay Kumar, son of Late Kaushal Kumar, 1.4. Ashutosh Kumar, son of Late Kaushal Kumar, All are resident of Mohalla- Quamruddinganj, Biharshariff Town, P.S.- Laheri Murarpur, District- Nalanda.

... ... Petitioner/s

Versus

1.

Afroj Alam 2.

Jamal Nasir @ Janat Nasir, 3.

Md. Ayaz, All are sons of Md. Abdul Hassan, resident of Mohalla- Shekhana Khurd, PO and P.S.- Biharsharif, District- Nalanda, at present C/o Janta Hardware and Pipeco, Mohalla- Quamruddinganj, PO- Biharsharif, P.S.- Laheri Murarpur, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Mahendra Prasad Bhartee ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioners.

Nobody appears on behalf of the opposite parties even after the notice having been validly served on them. Learned counsel for the petitioners submits that Mr. Arun Kumar, learned counsel for the appellants of Second Appeal No.469 of 1999 had gone to T.M.Hospital, Mumbai for the treatment of his family member, who was suffering from cancer and that is why he could not appear on 23.09.2016

Patna High Court MJC No.650 of 2017(8) dt.20-02-2020 2/2 resulting in dismissal of the second appeal due to nonprosecution. Having been satisfied with the reasons stated in the petition, this restoration petition is allowed. Second Appeal No.469 of 1999 is restored to its original file. (Prabhat Kumar Jha, J) Harish/- U