Kamaldeo Singh v. The Estate Of Jamuna Singh And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5284 of 2012 ====================================================== Kamaldeo Singh, son of Late Janardan Singh, resident of village - Muthawalia, P.O. Muthawalia, P.S. Revalganj, District - Saran. .... .... Appellant/Petitioner.

Versus

1. The Estate of Jamuna Singh, son of Late Radha Raman Singh, resident of village - Methawalia, P.O. Methawalia, P.S. Revalganj, District - Saran.

2. Om Prakash Singh.

3. Jai Prakash Singh.

4. Satya Prakash Singh.

All sons of Shambhu Dayal Singh.

All resident of village - Methawalia, P.O. Methawalia, P.S. Revalganj, District - Saran, presently resident of Mainatad Chhath Talab, P.S. Dhansar, District - Dhanbad ( Jharkhand ).

5. Purushotam Singh, son of Late Radha Raman Singh (now deceased), proposed heir widow Shyam Sunder Kuar.

6. Mosmat Ram Dulari Kuar, wife of Late Manido Singh.

7. Sarbdeo Singh, son of Janardan Singh.

Sl. No.5 to 7 resident of village & P.O. Methawalia, P.S. Revalganj, District - Saran.

.... .... Defendants/Opposite Parties.

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

For the Petitioner : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Parties : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 27-02-2015 Heard the parties.

This application has been filed on behalf of the petitioner for restoration of First Appeal No.94 of 2006 which stood dismissed on 5.10.2009 for non compliance of the peremptory order dated 27.08.2009.

On the grounds mentioned in this application, the same

Patna High Court MJC No.5284 of 2012 (4) dt.27-02-2015 2/2 is allowed and First Appeal No.94 of 2006 is restored to its original file and number subject to the condition that the order dated 27.08.2009 passed in First Appeal No.94 of 2006 is fully complied with within one week.

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