IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4176 of 2009 4 23.7.2010 SHALINI DEVI W/O SUSHIL KUMAR AND D/O LATE GORAKH PRASAD R/O MOHALLA- SONARPATTI, GANJ NO.1, P.O. AND P.S. BETTIAH SADAR, DISTT.- WEST CHAMPARAN AT PRESENT RESIDING AT BAGAHA KOTHI, P.O. AND P.S.- BAGAHA, DISTT.- WEST CHAMPARAN Versus SUSHIL KUMAR S/O SRI BAGESHWARI PRASAD R/O MOHALLA- SONARPATTI, GANJ NO.1, P.O. AND P.S. BETTIAH SADAR, DISTT.- WEST CHAMPARAN ----------- Learned counsel for the petitioner is permitted to remove defect no.2 in course of the day. Let the defect no.1 be ignored. Heard learned counsel for the petitioner. This restoration application is for restoration of FA No.113 of 2009 in which at pre- notice stage, an interim order was passed on 24th July, 2009 and order was also passed for issuance of notice in the IA as well as in the appeal for which requisites by ordinary process as well as by registered cover with A/d were required to be filed within one week. As per office note requisites filed within time were not in full compliance with the order. Learned counsel for the petitioner has explained that since the 2 appeal was not admitted hence notices have been filed only for the purpose of show cause and appeal notice has not been filed because the appeal was not admitted. In the facts of the case, this restoration application is allowed and FA No.113 of 2009 as well as IA No.4325 of 2005 is restored to their original files. Let the notices now be issued upon the sole respondent. The interim order passed earlier shall remain operative. (Shiva Kirti Singh, J.) (Anjana Prakash, J.) sk