Jharkhand High Court
Shakuntala Devi & Others vs Naresh Kumar Vishwakarma ..... ... on 17 June, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Jurisdiction)
C. M. P. No. 383 of 2020
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Shakuntala Devi & Others ..... Petitioners Versus Naresh Kumar Vishwakarma ..... Opposite Party CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioners : Mrs. Alpana Verma, Advocate For the Opposite Party : Mr. Altamash Khan, Advocate.
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07/17.06.2022.
Learned counsel for the petitioners, Mrs. Alpana Verma has submitted, that present restoration application has been filed to restore M.A. No.54/2018, which stood dismissed on 02.01.2020 due to non-compliance of peremptory order dated 09.12.2019 passed by this Hon'ble Court.
Learned counsel for the petitioners has further submitted, that opposite party no.2 in Probate Case No.09/2015 namely Suresh Kumar Vishwakarma has died during the pendency of probate case, leaving behind his wife Shakuntala Devi and sons, Kunal Vishwakarma @ Kunal Sharma and Sandeep Viswakarma @ Sandeep Sharma as legal heirs, as such, the restoration application has been filed by the legal heirs of the deceased O.P. No.2 Suresh Kumar Vishwakarma, which may be allowed.
Learned counsel for the petitioners has further submitted, that I.A. No.5691/2021 has been filed for deleting the name of opposite party/respondent Naresh Kumar Vishwakarma and to substitute his legal heir.
Learned counsel for the petitioners has further submitted, that I.A. No.2035/2021 has been filed for condonation of delay of 249 days in preferring the restoration application, which may be condoned.
Learned counsel for the opposite party, Mr. Altamash Khan has no objection.
Accordingly, I.A. No.5691/2021 and I.A. No.2035/2021 are hereby allowed.
The C.M.P. is allowed and M.A. No.54/2018 is restored to its original file.
(Kailash Prasad Deo, J.) Jay/