IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1183 of 2009 ***** 1. Chandeshwar Narayan Singh , son of Late Sheo Kumar Prasad Singh, resident of Village Akorhi, P.S. Akorhi Gola, District-Rohtas. 2. Pratap Kumar Narayan @ Bhavishay Pratap Singh, resident of Village Akorhi, P.S. Akorhi Gola, District-Rohtas. …. …. Petitioners-Appellants Versus 1. Sri Narbdeshwar Narayan Singh, son of Late Sheo Kumar Singh, 2. Manvendra Singh, 3. Gyanendra Singh Both sons of Sri Narbdeshwar Singh, All residents of Village Akorhi, P.S. Akorhi Gola, District-Rohtas, at present residents of Chandra Bhawan, Mohalla-Subhash Nagar, Station Road, Dehri East Mohan, Dehri, Rohtas. …. …. Opposite parties-Respondents 4. Most. Lalpari Devi, W/o Late Shio Kumar Pd. Singh, resident of Village Akorhi, P.S. Akorhi Gola, District-Rohtas (deceased) 5. Smt. Manorama Devi, D/o Late Shio Kumar Pd. Singh, resident of P.O. Akorhi, P.S. Akorhi Gola, District-Rohtas present r/o Mohalla B/27/65C, Lane No.27, Ravindpuri Colony, Varanasi (U.P.) …. …. Defendants/Respondents ----------- For the Appellants : Mr. Amrendra Narain Roy, Advocate For Respondent No.1 : Mr. Barun Kumar Choudhary, Advocate Mr. Lalit No. Jha, Advocate ------------ 5. 12.3.2010. In this appeal the assail is to the order dated 25.7.2009 passed by the learned Single Judge in M.J.C. No. 226 of 2009, whereby the learned Single Judge has declined to direct restoration of F.A. No. 118 of 1998. We have heard Mr. Amrendra Narain Roy, learned counsel for the appellants and Mr. Barun Kumar - 2 - Choudhary, learned counsel for the contesting respondent no.1. In course of hearing, learned counsel for the parties fairly conceded that F.A. No. 118 of 1998 be restored to its original file subject to stipulation that the appellants in first appeal shall make good all the defects within a period of eight weeks from today and pay a sum of Rs.2000/- (two thousand) towards costs to the respondents. On satisfaction of the aforesaid two conditions F. A. No.118 of 1998 shall stand restored to the file at its original number. The appeal is disposed of on the basis of the aforesaid concession. There shall be no order as to costs. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)