Patna High CourtC. REV./255/2017allowed

Baldeo Ram And ORS v. Ramdeo Mistri And ORS

2019-02-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.255 of 2017 In Miscellaneous Jurisdiction Case No.2383 of 2015 ======================================================

1. Baldeo Ram and Ors

2. Kedar Ram

3. Subedar Ram, All Sons of Baldeo Ram, resident of village Lahuar Police Station Rajgir District Nalanda.

4. Yasoda Devi, wife of Ramautar Ram.

5. Binda Devi, wife of Dhanraj Ram, Sl. No. 4 and 5 residents of village Lodipur Police Station Parwalpur District Nalanda.

6. Nand Kishore Ram, son of Ram Swaroop Ram, resident of village Bargaon, Police Station Nalanda District Nalanda but decree under appeal the address of the appellants is wrongly not described

7. Doman Singh

8. Santosh Singh, Both sons of Basudeo Singh, resident of village Surumpur Police Station Silao District Nalanda.

... ... Petitioner/s

Versus

1. Ramdeo Mistri and Ors

2. Janardan Mistri,

3. Shaligram Mistri All three are sons of Late Lokhan Mistri, residents of village Lahuar Police Station Rajgir District Nalanda.

4. Kamta Ram

5. Basant Ram minor sond of Madan Ram under the guardianship of their father and well wisher.

6. Shri Ram minor son of Kedar Ram under guardianship of his father and well wisher

7. Sanjay Singh, son of Basudeo Singh,

8. Lila Devi, daughter of Basudeo Singh,

9. Basudeo Singh since deceased, Sl. No. 7 to 8 are resident of village Surumpur Police Station Silao, District Nalanda.

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

For the Petitioner/s :

Mr.Amar Nath Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-02-2019 Considering the totality of the facts situation and after hearing the parties, the restoration application which was dismissed on merit vide order dated 3.5.2017, the order dated 3.5.2017 is recalled. Civil Review No. 255 of 2017 is allowed.

Patna High Court C. REV. No.255 of 2017(12) dt.11-02-2019 2/2 Consequently MJC No. 2383 of 2015is also allowed and Second Appeal No. 92 of 2005 is restored to its original file considering the judgment of the special bench of this Court reported in AIR 1978 Pat 338.

(Anil Kumar Upadhyay, J) Ravi/- U