IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3701 of 2008 Amod Prasad, son of Late Jainath Prasad, resident of Mohalla Kazi Mohammadpur, Nayatola, Police Station Kazi Mohammadpur, P.O. Muzaffarpur, District Muzaffarpur. ....... (heirs of deceased appellant)..Petitioner. Versus 1. Tahal Raj Mutraja, son of Shri Shyam Das Mutreja. 2. Smt. Raj Kumari Mutreja, wife of Tahal Raj Mutreja. Both residents of Mohalla- Mohammadpur Kazi, Nayatola, Police Station- Mohammapur Kazi, Post Office- Muzaffarpur, District- Muzaffarpur. ..... Opposite Party 1st party. 3. Smt. Jaimala Thakur, wife of Shri Ashok Kumar Tahkur. 4. Smt. Anima Thakur, wife of Shri Sushil Kumar Thakur. Opposite party nos.3 and 4 are residents of village Majhauli, Pachadani, Police Station- Sakra, District- Muzaffarpur, A/P residing of Mohalla- Mohammadpur Kazi, Nayatola, Police Station- Mohammadpur Kazi, P.O. Muzaffarpur, District- Muzaffarpur. ......Opposite Party 2nd Party. 5. Sachida Nand Sinha (S.N. Sinha), son of Late Jainath Prasad. 6. Ashok Kumar, son of Late Achutanand Sinha and grand son of Late Smt. Sita Devi and Late Jainath Prasad. 7. Braj Kishore Sinha, son of Late Jainath Prasad. 8. Raj Kishore Sinha , son of Late Jainath Prasad. 9. Pramod Prasad, son of Late Jainath Prasad. 10. Sushma Srivastava, son of Late Jainath Prasad. 11. Chanda Sinha, D/o Late Jainath Prasad. 12. Sumity Chandra, D/o Late Jainath Prasad. 13. Shobha Sahaya, D/o Late Jainath Prasad. All the above named sons and daughters and opp. Party nos.6 are grand son of Late Smt. Sita Devi (wife of Late Jainath Prasad) are residents of Mohalla- Kazi Mohammadpur, Nayatola, P.S. Kazi Mohammadpur, P.O. Muzaffarpur, District- Muzaffarpur. ...... Opposite party 3rd party. ----------- Re: I.A. No.5137 of 2009: 05- 2.12.2009 Learned counsel for the petitioner is present. This interlocutory application has been filed by one Amod Prasad, who claims to be the son of Sita Devi, the sole appellant of the connected S.A. No.44 of 2004. It is further stated that she died soon after the appeal stood dismissed for non-compliance of an order of the Bench, and the present M.J.C. No.3701 of 2008 has 2 been filed for restoration of the said appeal. It is also stated that the other heirs have been impleaded as opposite party nos.5 to 13 herein. In view of the statements made in this application and the submissions made in support thereof, Amod Prasad is permitted to prosecute the present restoration application. I.A. No.5137 of 2009 is accordingly disposed of. 2. In view of the statements made in this restoration application and the submissions made in support thereof, the time granted by order dated 15.9.2004, passed in S.A. No.44 of 2004, is hereby extended up to 14.12.2009. 3. This restoration application is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/