Deepak Kumar Singh v. Chandul Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2789 of 2023 In Civil Writ Jurisdiction Case No.6063 of 2010 ====================================================== Deepak Kumar Singh Son of Muneshwar Singh Resident of VillageKarpoorigram, P.S. and District-Samastipur. ... ... Petitioner/s

Versus

1.

Chandul Devi Daughter of Late Bindeshwari Singh, Wife of Ramadhar Singh Resident of Village and P.O.-Shalkhani, P.S.-Patepur, DistrictVaishali. 2.

Chandul Devi Daughter of Late Bindeshwari Singh, Wife of Upendra Singh Resident of Village and P.O.- Phulwariya, P.S.-Gayghat, DistrictMuzaffarpur. 3.

Fuleshwar Singh Son of Sri Bindeshwari Singh Resident of Village and Karpoorigram, P.S. and District-Samastipur.

4.

Mostt. Pramila Devi D/o Late Sitaram Chaudahry @ Siyaram Singh, W/o Late Trilok Singh Resident of Village- Gohani, P.O.- Bachhawara, P.S.- Bhagwanpur, District.- Begusarai 5.

Mostt. Neera Devi Daughter of Late Sitaram Chaudahry @ Siyaram Singh, W/o Late Maheshwar Singh Resident of Village - Kharika, P.S.- Bidupur, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushlendra, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2023

1. The present petition has been filed for restoration of a writ petition bearing CWJC No.6063 of 2010, which has stood dismissed on account of non-compliance of the peremptory order dated 18.10.2019.

2. The learned counsel for the petitioner submits that on account of certain unavoidable reasons, the order dated 18.10.2019, could not be complied with in time, hence the

Patna High Court MJC No.2789 of 2023(2) dt.24-11-2023 2/2 aforesaid writ petition has stood dismissed for default, nonetheless, the said order dated 18.10.2019, has subsequently been complied with, thus a sympathetic view be taken and the aforesaid writ petition be restored.

3. Having regard to the facts and circumstances of the case and considering the submissions, made by the learned counsel for the petitioner, though I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.6063 of 2010, to its original file, however, subject to the Registry verifying as to whether the aforesaid order of this Court dated 18.10.2019, has been complied with by the petitioner or not.

4. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U