Girja Devi v. Mahendra Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2382 of 2022 In CIVIL MISCELLANEOUS JURISDICTION No.184 of 2021 ====================================================== Girja Devi Wife of Ashok Kumar Singh @ Ashok Kumar and Daughter of Binda Kuar @ Binda Singh Resident of Village-Ami Karmuwaripatti, P.O.- AMI, P.S.-Awatar Nagar, District-Saran (Bihar), AT Present Resident of Vilage-Sarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). ... ... Petitioner/s

Versus

1.

Mahendra Singh Son of Late Ambika Kuar Resident of Village-Sarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). 2.

Tapeshwar Singh Son of Shri Hardeo Singh Resident of Village-Sarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). 3.

Kameshwar Singh Son of Late Ambika Kuar Resident of VillageSarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). 4.

Baleshwar Singh Son of Late Brahamdeo Kuar Resident of VillageSarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). 5.

Satrudhan Singh Son of Late Brahamdeo Kumar Resident of VillageSarnarayan, P.O.-Saraiya, P.S.-Dariyapur, District-Saran (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Pd. Singh, Advocate :

Mrs. Sripriya Sinha, Advocate :

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

Mr.Prabhat Kumar Dipak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a Civil Misc. No. 184 of 2021, which has stood dismissed on account of non- prosecution vide order dated 17.10.2022. 3.

Learned counsel for the petitioner submits that on 17.10.2022, when the case was called out, no one had appeared on behalf of petitioner as the arguing counsel was suffering from

Patna High Court MJC No.2382 of 2022(6) dt.12-07-2024 2/2 viral fever, hence, a sympathetic view may be taken and the aforesaid application be restored to its original file. 4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid Civil Misc. No. 184 of 2021 to its original file. 5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U