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Patna High CourtMJC/3526/2023allowed

Naresh Sao v. Shavitri Devi

2024-10-04Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3526 of 2023 In CIVIL REVISION No.49 of 2022 ====================================================== 1.

Naresh Sao, aged about 53 years, male, son of Doman Sao, 2.

Suresh Sao @ Suresh Prasad, aged about 46 years, male, S/o Doman Sao, 3.

Shravan Sao, ageda about 35years, male, S/o Doman Sao All resident of village- Khemkaran Saray alias Kurtha Bazar, Police StationKurtha in the district of Arwal. ... ... Petitioner/s

Versus

1.

Shavitri Devi, wife of Ram Chandra Sao, resident of village- Khmkaran Saray alias Kurtha Bazar, Police Station- Kurtha in the district of Arwal. 2.

Malti Devi, wife of Shankar Prasad, resident of village- Belari, Police Station- Daudnagar in the district of Aurangabad. 3.

Anita Devi, wife of Anil Kumar, 4.

Kalawati Devi, wife of Ramdayal Sao, Both resident of village- Khmkaran Saray alias Kurtha Bazar, Police StationKurtha in the district of Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-10-2024 Interlocutory Application No.01 of 2024 This interlocutory application has been filed under Sections 5 and 14 of the Limitation Act, 1963, for condoning the delay of seven months three days in filing the application.

2. For the reasons stated in the interlocutory application, the same is allowed.

3. The delay in filing the application is hereby condoned.

Patna High Court MJC No.3526 of 2023(3) dt.04-10-2024 2/2

4. Interlocutory Application No.01 of 2024 stands allowed.

M.J.C No.3526 of 2023

5. This application has been filed for restoration of Civil Revision No.49 of 2022 to its original file and number which has been dismissed on 04.04.2023 for non compliance of the order dated 01.02.2023.

6. For the reasons stated in the application, the same is allowed and Civil Revision No.49 of 2022 is restored to its original file and number.

7. Learned counsel for the petitioners is directed to convert the revision application into Miscellaneous Appeal positively within a period of four weeks from today.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U