Mohan Lal Sah v. Savitri Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2512 of 2022 In SECOND APPEAL No.624 of 2016 ====================================================== Mohan Lal Sah, Male, aged about 63 years, Son of Late Lakhraj Sah, resident of Village Sirisiya Bazar, P.S. Kuchaikote, District-Gopalganj. ... ... Petitioner

Versus

1.

Savitri Devi, D/o Hazari Sah and Wife of Surendra Prasad, resident of Village- Bathana Kutti, P.S. Kuchaikote, District-Gopalganj. 2.

Saraswati Devi, wife of Prem Sunder and daughter of Hazari Sah, resident of Village and P.S. Thawe, District-Gopalganj.

3.

Meena Kumari, D/o Hazari Sah, resident of Village Sirisiya, Bazar, P.O. Sasamusa and P.S. Kuchaikote, District-Gopalganj. 4.

Lakhman Sah, Son of Late Hazari Sah, resident of Village-Sirisiya, Bazar, P.O. Sasamusa and P.S. Kuchaikote, District- Gopalganj. 5.

Bharat Sah, Son of Hazari Sah, resident of Village Sirisiya, Bazar, P.O. Sasamusa and P.S. Kuchaikote, District- Gopalganj. 6.

Nandlal Sah, Son of Late Bhagwan Lal Sah, resident of Village Sirisiya, Bazar, P.O. Sasamusa and P.S. Kuchaikote, District- Gopalganj. 7.

Suchindra Sah, Son of Late Bhagwan Lal Sah, resident of Village Bathanakutti, P.S. Kchaikote, P.O. Jalalpur, District-Gopalganj. 8.

Ramawati Devi, daughter of Late Bhagwan Lal Sah, resident of Village Bathanakutti, P.S. Kchaikote, P.O. Jalalpur, District-Gopalganj. 9.

Batuli Devi, daughter of Late Bhagwan Lal Sah, resident of Village Bathanakutti, P.O. Jalalpur, P.S. Kchaikote, District-Gopalganj. 10.

Champoa Devi, Wife of Hazari Sah, resident of Village P.O. Sirisiya Bazar, P.S. Kuchaikote, P.O. Sasamusa, District-Gopalganj. 11.

Om Prakash Baiha, Son of Late Vishwanath Baitha, resident of Village Sirisiya, P.S. Kuchaikote, P.O. Sasamusa, District -Gopalganj. 12.

Expunged, resident of Village Sirisiya, P.S. Kuchaikote, P.O. Sasamusa, District- Gopalganj.

13.

Expunged, resident of Village-Sirisiya, P.S. Kuchaikote, P.O. Sasamusa, District-Gopalganj.

14.

Ramgya Sah, Son of Late Kumar Sah, resident of Village Sirisiya, P.S. Kuchaikote, P.O. Sasamusa, District-Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Dubey, Advocate For the Opposite Parties :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

Patna High Court MJC No.2512 of 2022(3) dt.26-04-2023 2/2 ORAL ORDER 26-04-2023 Heard.

The present application has been filed on behalf of the petitioner for restoration of Second Appeal No. 624 of 2016 to its original file which was dismissed for non-compliance of the peremptory order dated 19.02.2020.

On the grounds mentioned in the present restoration application, the present restoration application is allowed and Second Appeal No. 624 of 2016 is restored to its original file. Accordingly, the present restoration application stands allowed.

In the meantime, learned counsel for the petitioner is directed to take necessary steps to remove the defect(s), as pointed out by the office notes dated 31.08.2018. (Sudhir Singh, J) U.K./- U T