IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.147 of 2010 1. RABINDRA SINGH @ RABINDRA NATH SINGH 2. BALIRAM SINGH 3. SIYARAM SINGH, SONS OF LATE DEOSARAN SINGH 4. MANDODARI DEVI WIFE OF DEODUTT SINGH 5. DEODUTT SINGH SON OF RAJ NARAYAN SINGH, ALL RESIDENTS OF VILLAGE BAHUWARA PATTI, P.S. MARHAURA, DISTRICT SARAN ….. PETITIONERS-APPELLANTS Versus 1. MOST. SHAILESH KUER WIFE OF AWADHESH SINGH 2. SHEO NARAYAN SINGH SON OF LATE AWADHESH SINGH 3. UMA DEVI 4. MANI DEVI 5. ANITA DEVI 6. SUNITA DEVI, RESIDENTS OF VILLAGE BAHUWARA PATTI, P.S. MARHAURA, DISTRICT SARAN, SL. NO.3 TO 6 ARE DAUGHTER OF LATE AWADHESH SINGH …… RESPONDENTS IST SET- RESPONDENTS 7. MIRA DEVI 8. GYANI DEVI, SL. NO.7 TO 8, ALL DAUGHTERS OF LATE DEO SARAN SINGH, ALL RESIDENTS OF VILLAGE BAHUWARA PATTI, P.S. MARHAURA, DISTRICT SARAN …… RESPONDENTS 2ND SET-RESPONDENTS ----------- Counsel for the Appellants : Mr. S.S. Dwivedi, Senior Advocate Mr. Lakshman Lal Pandey, Advocate For the Respondents : Mrs. Sangeeta Sharma, Advocate ---------- 5. 30.11.2010 The appellants are aggrieved by the order dated 2.1.2010 passed by 3rd Additional District Judge, Chapra in Misc. Case No.3 of 2004, by which he has dismissed the petition under Order 41 Rule 19 C.P.C. for restoration of Title Appeal No.23 of 1991, which was dismissed on account of non-appearance of the appellants on 18.7.2000. There is no doubt that the restoration petition was filed after much delay, but in the facts of the case I am of the opinion that one opportunity should be given to appellants for pursuing their appeal. In view of such, this appeal is allowed and the 2 order dated 2.1.2010 passed by 3rd Additional District Judge, Chapra in Misc. Case No.3 of 2004 is set aside with a further direction to the court below to conclude the appeal within a period of three months from the date of receipt of the order and on payment of cost of Rs.5000/- by the appellants to the respondents. Narendra/ ( Anjana Prakash, J. )