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Patna High CourtMJC/4399/2019disposed

Mahaveer Prasad Sah @ Mahavir Prasad, v. Om Prakash Sah Vidyalankar,

2024-01-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4399 of 2019 In CIVIL MISCELLANEOUS JURISDICTION No.458 of 2019 ====================================================== Mahaveer Prasad Sah @ Mahavir Prasad, S/o Late Bhagwan Das, Resident of Mohalla- Naya Bazar, Dalpatti, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

Om Prakash Sah Vidyalankar, S/o Late Bhagwan Das, Resident of Naya Bazar, Dalpatti, Lakhisarai, P.S. Lakhisarai, District- Lakhisarai. 2.

Ravi Kumar, S/o Om Prakash Sah Vidyalenkar, Resident of Naya Bazar, Dalpatti, Lakhisarai, P.S. Lakhisarai, District- Lakhisarai. 3.

Rashmi Kumari, D/o Om Prakash Sah, Resident of Naya Bazar, Dalpatti, Lakhisarai, P.S. Lakhisarai, District- Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Shashi Shekhar Kishore, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2024

1. The present petition has been filed for restoration of a Civil Miscellaneous Jurisdiction petition bearing Civil Miscellaneous Jurisdiction No.458 of 2019 which has stood dismissed for want of prosecution by an order dated 26.07.2019. 2.The learned counsel for the petitioner has submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 26.07.2019, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.

3.Having regard to the facts and circumstances of

Patna High Court MJC No.4399 of 2019(2) dt.11-01-2024 2/2 the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid Civil Miscellaneous Jurisdiction petition, bearing Civil Miscellaneous Jurisdiction No.458 of 2019 to its original file, subject to just exceptions.

4. The present petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U