IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.633 of 2010 SRI NIWASH TIWARI & ORS. Versus HIRAMAN SAH & ORS. ----------- 03/ 10.03.2010 Heard learned counsel for the petitioners. This petition has been filed for restoration of Second Appeal No. 148 of 2005, which was dismissed for default against the non-appearing respondents due to non-compliance of the order of this Court dated 11.11.2009, by which four weeks’ peremptory time was allowed to the appellants to take steps for fresh service of appeal notices upon respondent nos. 4, 5, 6, 7, 8, 9, 9(a), 10, 11, 11(a), 11(b), 12, 13, 14, 15, 16 and 17 with their present correct addresses, Considering the averments made by learned counsel for the petitioners and the statements made in this petition, it appears that genuine reasons have been shown, which prevented learned counsel for the petitioners from complying the said order within time, but immediately thereafter the appellants had complied the said order on 15.02.2010. Accordingly, this petition is allowed and Second Appeal No. 148 of 2005 with respect to the said respondents is restored to its original file and number. Office is directed to proceed in the matter as the said order has already been complied on 15.02.2010. MPS/ ( S. N. Hussain, J. )