IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.532 of 2008 1. TEJ NARAIN RAI 2. DEEP NARAIN RAI, BOTH SONS OF SHRI RAM KRIPAL RAI 3. SHAHMUDDIN, SON OF RASUL SAH ALL RESIDENTS OF VILLAGE BEJHADIH, P.O. AND P.S. BEJADIH, DISTRICT SAMASTIPUR-------DEFENDANTS 3RD PARTY/APPELLANTS/PETITIONERS. Versus 1. SMT.SHANTI DEVI, WIFE OF LATE SHEO SHARAN SINGH 2. SARITA KUMARI, D/O LATE SHEO SHARAN SINGH BOTH RESIDENTS OF VILLAGE SHITALPATTI, P.S. AND DISTRICT SAMASTIPUR---PLAINFIFFS/RESPONDENTS IST PARTY 3. SATISH PRASAD SINGH 4. NARAIN SINGH 5. GANESH SINGH @ BUTALLI SINGH RESPONDENTS 3,4,AND 5 ARE SONS OF LATE KAMESHWAR NARAIN SINGH, R/V MUBABATPUR, P.S. PARU, DISTRICT MUZAFFARPUR AT PRESENT RESIDING AT VILLAGE SITALPATTI, P.O AND P.S. SAMASTIKPUR, DISTRICT SAMASTIPUR--- DEFENDANT IST PARTY, RESPONDENT 2ND PARTIES. 6. SMT RADHA DEVI, WIFE OF RAM BABU SINGH AND D/O LATE BRIJ NANDAN PRASAD SINGH 7. SMT. RANJAN DEVI, W/O SUDHIR PRASAD SINGH 8. MOST ARTI DEVI, WIFE OF LATE BRIJ NANDAN SINGH, ALL RESIDENTS OF VILLAGE MUHABATPUR, P.S. PIROO, DISTRICT MUZAFFARPUR, AT PRESENT RESIDING AT VILLAGE SHITALPATTI, P.O.AND P.S. AND DISTRICT SAMASTIPUR------DEFENDANT 2ND PARTY/RESPONDENT 3RD PARTY/OPPOSITE 3RD PARTIES. 9. SANJAI KUMAR 10. 10 RANJAI KUMAR, BOTH SONS OF LATE SHEO SHARAN SINGH, BOTH RESIDENTS OF VILLAGE SHITALPATTI, P.S. AND DISTRICT SAMASTIPUR--- DEFENDANT 4TH PARTY/RESPONDENT 4TH PARTY. ----------- 06. 04.05.2009. It appears counsel for the petitioner could not fully comply the orders dated 18.1.2008 whereunder notices were directed to be issued to respondent nos. 3 to 8 by ordinary process as also by registered cover with A/D. Until the passing of the order dated 18.1.2008, the respondent nos. 1 and 2 had not appeared in the matter. In the circumstances, for the laches of the counsel for the appellants to fully comply with the orders of this Court, the appellants should not be allowed to suffer and appreciating such fact Miscellaneous 2 Appeal No. 160 of 2006 is restored to its original file and the counsel for the appellants is directed to fully comply the order dated 18.1.2008 within one week from today, failing which the restoration application shall be rejected. Restoration application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)