Jharkhand High Court
Neelam Singh & Others vs Dr. Sudha Sinha & Others on 3 February, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.57 of 2020
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Neelam Singh & Others .... .... .... Petitioners Versus Dr. Sudha Sinha & Others .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Amar Kumar Sinha, Advocate Ms. Nirupma, Advocate For the Respondents : Mr. Amit Kumar Das, Advocate
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04/03.02.2022 Heard learned counsel for the petitioners in C.M.P. No.57 of 2020 which has been filed under Order XLI Rule 19 of the Code of Civil Procedure for restoration of Misc. Appeal No.123 of 2012 which has been dismissed for default on account of non-prosecution vide order dated 08.01.2020.
It is submitted by learned counsel for the petitioners that he is ready for final argument in this case and there will not be any laches on his part and the case may be posted for hearing in the next week after restoration of appeal.
Learned counsel appearing on behalf of respondents submits that this is a case in which order of probate has been passed in 2001 but for almost 10 years case is pending and has not been finally disposed of because of conduct of the appellants. It is also prayed that the stay order may be vacated and in the meantime, the appellant will be free to come and argue the case.
Having considered the submissions made on behalf of both sides and the grounds taken and for the ends of justice, this C.M.P. is allowed and the Misc. Appeal No. 123 of 2012 is restored to its original file.
The appellant is further directed to prepare for final argument on 9th February, 2022, failing which the stay order granted earlier in this case will stand vacated.
(Gautam Kumar Choudhary, J.) Anit