Durgesh Nandan Verma @ D. Rajan v. Sumeshwar Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2479 of 2022 In CIVIL REVIEW No.348 of 2019 ====================================================== 1.
Durgesh Nandan Verma @ D. Rajan Son of Late Bipin Bihari Verma, Resident of Mohalla-Pachim Tola, P.S.-Ara Town, District-Bhojpur. 2.
Mrityunjay Kumar Verma Son of Late Bipin Bihari Verma, Resident of Mohalla-Pachim Tola, P.S.-Ara Town, District-Bhojpur. ... ... Petitioner/s
Versus
1.
Sumeshwar Prasad Son of Late Bhuneshwar Ram Resident of VillageHematpur, Sohra, P.S.-Barahara, District-Bhojpur, Presently Residing at Mohalla-Pacchim Tola, Ward No.-5, P.S.-Ara Town, District-Bhojpur. 2.
Vijay Shankar Verma Son of Late Bipin Bihari Verma Resident of MohallaPachim Tola, P.S.-Ara Town, District-Bhojpur, 3.
Sanjay Verma Son of Late Bipin Bihari Verma Resident of Mohalla-Pachim Tola, P.S.-Ara Town, District-Bhojpur, 4.
Poonam Devi Wife of Girish Chandra Srivastava and Daughter of Late Bipin Bihari Verma, Resident of Village-Ganguli, P.S.-Kasibabad, District-Gajipur, U.P., Presently residing at Mohalla-Pachim Tola, P.S.-Ara Town, DistrictBhojpur. 5.
Kumud Devi Wife of Binay Kumar Sinha and daughter of Late Bipin Bihari Verma, Resident of Village-Ekwana, P.S.-Barahara, District-Bhojpur. 6.
Kalawati Devi Wife of Late Sheonath Prasad Resident of Mohalla-Pacchim Tola, P.S.-Ara Town, District-Bhojpur, 7.
Parmeshwar Kumar Son of Late Sheonath Prasad Resident of MohallaPacchim Tola, P.S.-Ara Town, District-Bhojpur, 8.
Rameshwar Kumar @ Kallu Son of Late Sheonath Prasad Resident of Mohalla-Pacchim Tola, P.S.-Ara Town, District-Bhojpur, 9.
Binod Kumar @ Lallu Son of Late Sheonath Prasad Resident of MohallaPacchim Tola, P.S.-Ara Town, District-Bhojpur, 10.
Ashok Kuamr @ Bhaiya Son of Late Sheonath Prasad Resident of MohallaPacchim Tola, P.S.-Ara Town, District-Bhojpur, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanchay Srivastava, Advocate Mr.Sushant Srivastava, Advocate Mr.Ashish Kr. Palit, Advocate For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2024
1. The present petition has been filed for restoring a
Patna High Court MJC No.2479 of 2022(3) dt.20-12-2024 2/2 Civil Review Petition, bearing Civil Review No.348 of 2019, which has stood dismissed for default on account of noncompliance of the peremptory order dated 18.02.2020.
2. The learned counsel for the petitioners submits that though there is a huge delay of about 3 years in filing the present restoration petition, however, on account of the ensuing Covid-19 pandemic some delay has taken place in filing the same, nonetheless, the petitioners are ready to be imposed with such penalty, as this Court deems fit and proper to be imposed for the purposes of restoration of the present petition.
3. Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions made by the petitioners, I deem it fit and proper to restore the aforesaid civil review petition bearing Civil Review No.348 of 2019 to its original file, subject to removal of the defects, as pointed out by the Registry as well as deposit of a sum of Rs.10,000/-, by way of cost with the Patna High Court Legal Services Committee, Patna, within a period of six weeks from today.
4. The petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U