The State Of Bihar And Ors vs Ramashankar Singh @ Pyarelal Singh And ... on 16 September, 2022

[Cites 0, Cited by 1]

Patna High Court - Orders

The State Of Bihar And Ors vs Ramashankar Singh @ Pyarelal Singh And ... on 16 September, 2022

Bench: Sandeep Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.935 of 2017
                                         In
                        SECOND APPEAL No.673 of 2011
     ======================================================
1.    The State Of Bihar and Ors through the Collector, Kaimur (Bhabua),
      At/PO/PS- Bhabua, District- Kaimur (Bhabua).
2.   The Deputy Collector Land Reforms, Bhabua Kaimur, At/PO/PS- Bhabua,
     District- Kaimur Bhabua.
3.   The Anchaladhikari, Bhabua Kaimur, At/PO/PS- Bhabua, District- Kaimur
     Bhabua.
4.   The Block Development Officer, Bhabua Kaimur, At/PO/PS- Bhabua,
     District- Kaimur Bhabua.

                                                           ... ... Petitioner/s
                                     Versus
1.   Ramashankar Singh @ Pyarelal Singh and Ors
2.   Guptnath Singh Both Sons of Late Narendra Singh, Both Resident of
     Bhabua Ward No. 03, Now Ward No. , P.O. P.S.- Bhabua, District- Kaimur
     Bhabua.
3.1 Hadushan khatoon
0.
3.1. Samsuddin Gaddi
3.1 Shabana Khatoon All daughters of late Saleem Gaddi
1.
3.2. Salamat Gaddi
3.3. Pappu Gaddi
3.4. sonu Gaddi All sons of late Saaleem Gaddi
3.5. Shafeekun Khatun
3.6. Rozi Khatoon
3.7. Buchhi Khatoon
3.8. Najo Khatoon
3.9. Gudiya Khatoon
4.   Khato Begum Wife of Late Abdul Raheem resident of Bhabua Ward No. 11,
     Bhabua.
5.   Sardar Gaddi
6.   Khalil Gaddi
7.   Mobin Gaddi
8.   Amin Gaddi All sons of late Amin Gaddi
9.   Akil Gaddi Minor Son of late Abdul Raheen through his mother and next
     friend Khato Begam
10. Rabia Begam
          Patna High Court MJC No.935 of 2017(4) dt.16-09-2022
                                                     2/4




           11. Sabia Begam both daughters of late Abdul Rohin
           12. Bina Minor daughter of late Abdul Rahim through her mother and next
               friend khato Begam
           13. Subham Gaddi Son of late Karim Bux All resident of Bhabua Ward No. 11,
               Bhabua.
           14. Ghuturu Gaddi Son of late Gajjam Gaddi resident of Bhabua Ward no. 01,
               Bhabua.
           15. Mir Muztafa @ Taba Master
           16. Mir Kuktaba
           17. Mir Minhaj Hussain @ Akku Son of late Mir Gulam Mustafa Resident of
               Bhabua Ward No. 05, P.S. Bhabua, District- Kaimur
           18. Dulhim Malti Devi Wife of Ramashankar Singh @Pyarelall Singh
           19. Dulhim Gita Devi Wife of Guptanath Singh Both Resident of Bhabua Ward
               No. 11, P.O. and P.S.- Bhabua, District - Kaimur Bhabua Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Gupta
                 For the Opposite Party/s :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   16-09-2022

Re:- I.A. No. 7713 of 2018 (01/2018) This Interlocutory Application has been filed for condonation of delay in filing present restoration application.

For the reasons mentioned above, this Interlocutory Application is allowed and the limitation in filing present restoration application is condoned.

Re:- I.A. No. 02 of 2019 This Interlocutory Application has been filed for substitution of heirs and legal representatives of opposite party no. 3 and 13, leaving behind their heirs and legal representatives.

Patna High Court MJC No.935 of 2017(4) dt.16-09-2022 3/4 For the reasons mentioned, this Interlocutory Application is allowed. The proposed heirs and legal representatives of opposite party no. 3 are already on record as opposite party nos. 3(A) to 3(K) as mentioned in this interlocutory application and opposite party no. 13 has died issueless having no any male or female issue. Let the name of opposite party no. 13 be expunged from the array of the parties.

Re:- I.A. No. 3 of 2019 This Interlocutory Application has been filed for condonation of delay in filing substitution petitioner i.e. I.A. No. 02/2019.

For the reasons mentioned above, this Interlocutory Application is allowed and the limitation in filing substitution petitioner i.e. I.A. No. 02/2019 is condoned.

Re:- I.A. No. 4 of 2020 This Interlocutory Application has been filed for bringing some modification in prayer portion of the restoration application.

For the reasons mentioned above, this Interlocutory Application is allowed.

Patna High Court MJC No.935 of 2017(4) dt.16-09-2022 4/4 M.J.C. No. 935 of 2017 Heard the parties.

This application has been filed for restoration of Second Appeal No. 673 of 2011 which was dismissed for non- compliance of the order dated 29.11.2013.

For the reasons mentioned in this application, it is allowed and Second Appeal No. 673 of 2011 is restored to its original file.

(Sandeep Kumar, J) Shishir/Vikas U

Unlock Advanced Research with PRISMAI

Patna High Court - Orders