IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.195 of 2008 1. CHANDRA DEEP YADAV 2. Ram Chandra Yadav - Sons of late Sri Bigu Yadav 3. Ramadhar Yadav, son of Jagdeo Yadav 4. Deolati Kuer wife of Chandra Deep Yadav 5. Rajdeo Yadav 6. Sakaldeo Yadav 7. Sukhdeo Yadav Minor - Sons of Chandradeep Yadav, Sukhdeo Yadav under the Guardianship of his father her on Garnbo Sharma,Adv. G.A.L. -All residents of village – Jaitpur Tola Nanhu Tola, PS Haspura, District Gaya …Appellants -Petitioners Versus 1. Tapsi Devi D/o late Lalmodi Yadav, and W/o RamAutar Yadav, resident of Village Dharharpur, PS Rafiganj, District Gaya 2. Sita Devi 3. Chandeshwar Yadav 4. Madhura Yadav 5. Ram Naresh Yadav …Plaintiffs –Respondents first party 6. Ananchia Devi 7. Ram Krit Yadav ….(Defendants) Respondents 2nd party ----------- 07 8.5.2009 Heard Mr. Rajesh Kumar for the petitioners. This application has been filed by the appellants of First Appeal no. 169 of 1975 (Chndradeep Yadav & Ors. v Tapsi Devi & Ors.), for recall of the order dated 18.12.2007, whereby the appeal was dismissed for non-prosecution. It appears that the appeal was earlier laid before the Bench on 14.12.2007 for disposal. None appeared on behalf of the parties as a result of which it was adjourned for 18.12.2007, on which date also none had appeared leading to the order of dismissal for non- prosecution with the observation that the petitioners did not seem to be interested in pursuing the appeal any further. Secondly, it arises out - 2 - of a partition suit. The appeal is of 1975. I am mindful of the position that this is a first appeal and forum of facts, yet I feel that the issues raised in the appeal are not of much consequence, because it arises out of a partition suit. I am not inclined to recall the order and to restore the appeal. 2. This restoration application is accordingly dismissed. ( S K Katriar ) mrl