IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.42 of 2011 1. Balmiki Singh 2. Bal Krishna Prasad Singh 3. Bal Binod Prasad Singh 4. Ramashray Prasad Singh 5. Ramjeewan Prasad Singh All sons of Late Ram Kishore Singh resident of village & P.O Nayagaon, P.S Prabatta District Khagaria ...........Petitioners Versus 1. The State Of Bihar 2. The Collector, Khagaria 3. The D.C.L.R. Gogri, District- Khagaria 4. The Anchal Adhikari (A.A) Gogri, P.S. Gogri, Dist. Khagaria 5. Smt. Daya Devi widow of Late Ram Chandra Prasad Singh 6. Smt. Usha Devi, W/o Ram Babu Singh, Village & P.O Rahatpur, District Begusarai 7. Nisha Devi W/o Basuki Singh, Village- Jagatpura, P.O. Thermal Power, P.S. Matihani, District- Begusarai 8. Vijay Singh 9. Ajay Singh 10. Sanjay Singh 11. Dhananjay Singh Nos.5 widow and 6 to 11, daughters and sons of late Ram Chandra Prasad Singh and all residents of village & P.O. Nayagaon, P.S. Parbatta, District Khagaria ........ Opposite Parties ----------- 3 27-06-2011 Heard learned counsel for the petitioners and perused the order of the Division Bench dismissing the appeal for non prosecution on 30-11-2010. The order mentions that there was repeated default for two days on the part of appellants while the counsel for the respondents was present and the matter had to be dismissed on 30-11-2010. The restoration petition contains a simple explanation in paragraph 5 that on 30-11-2010 the said 2 Letters Patent Appeal was taken up for hearing but the counsel could not appear on these two days as he was away from Patna for urgent work. The counsel left all of a sudden and could not make arrangement for the case. Besides, non appearance on 29-11-2010 and 30-11-2010, the records disclose that earlier on 27-08-09 also the case was dismissed for non prosecution though subsequently restored. This court is not persuaded that the non appearance and consequent dismissal of the appeal was on account of any bonafide mistake or laches. The restoration petition is, therefore, dismissed. BKS/- (Shiva Kirti Singh, J.) (V. Nath, J.)