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Jharkhand High Court

Jafar Iqbal & Anr vs Lakhan Prasad Sahu & Ors on 29 June, 2011

Author: Prashant Kumar

Bench: Prashant Kumar

                  IN THE HIGH COURT OF JHARKHAND RANCHI
                            W.P. (C) No. 2860 of 2011

               1. Jafar Iqbal
               2. Javed Iqbal ...       ...
                                        ...                      Petitioners
                                     Versus
               1. Lakhan Prasad Sahu and Ors.                     Respondents

           CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
                               ............

               For the Petitioners : Mr. P.K. Mukhopadhyay
               For the Respondents :

                                               ORDER


2/29.06.2011

This writ application has been filed against the order dated 31.01.2011 in Misc. Case No. 2/04(A) passed by Sub-Judge-VI Dhanbad whereby and whereunder he allowed the application of plaintiff under Order IX Rule 4 of CPC for restoration of Title Eviction Suit No. 16 of 1995 which was dismissed as per provision contained under Order IX Rule 3.

From perusal of impugned order I find that learned court below had made enquiry and examined witnesses and after appreciating the evidence of witnesses allowed the aforesaid application and restored Title Eviction Suit No. 16 of 1995 to its original file. I find no illegality in the said order.

Considering the same, I find no merit in this writ application. Same is accordingly dismissed.

(Prashant Kumar, J.) Binit