IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3789 of 2009 SRI RAJNANDAN SINGH & ORS. Versus SRI RAM NANDAN SINGH & ORS. ----------- 02/ 08.12.2009 Heard learned counsel for the petitioners and learned counsel for the opposite parties. This petition has been filed on behalf of the petitioners for restoration of I.A. No.594 of 2004 which was filed in S.A. No.134 of 2003. The said interlocutory application was dismissed on 16.03.2009 for default due to non-compliance of peremptory order of this court dated 02.03.2009. Although learned counsel for the opposite parties vehemently opposes the contentions of learned counsel for the petitioners, but it appears that some grounds have been made due to which there was some delay in compliance of the said order which was ultimately complied on 27.11.2009. Considering the facts and circumstances, this petition is allowed and I.A. No.594 of 2004 is restored. However, this order will be subject to payment of cost of Rs.1,000.00 by the petitioners to Mr. Neeraj Kumar, Advocate for the opposite parties within six weeks from today. Since the aforesaid second appeal is pending since 2003, let it be placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure within top ten cases on 18.01.2010. harish/ ( S. N. Hussain, J. )