IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.698 of 2008 AMRENDRA KISHORE, SON OF LATE BINDESHWARI PD. SINGH, RESIDENT OF VILLAGE BAJIDPUR, BARIARPUR @ BADPER, POLICE STATION – MOKAMA, DISTT. PATNA. ----- PLAINTIFF/APPELLANT Versus 1. SRI BRIENDRA KISHORE, SON OF LATE BINDESHWARI PD. SINGH, RESIDENT OF KAMA KHAYA BHAWAN SHEOPURI, P.O. RAJ BANSHI NAGAR, BACK OF A.N. COLLEGE, PATNA 21, P.S. SHASTRI NAGAR, DISTT. PATNA. 2. SRI DHARMENDRA KISHORE, SON OF LATE BINDESHWARI PD. SINGH, RESIDENT OF SUMITRA SADA, EAST BORING CANAL ROAD, PAT – 1, NEAR GOVERNMENT GIRLS HIGH SCHOOL, P.S. BUDHA COLONY, DISTT. PATNA. 3. SMT. RENUKA SHARMA, WIFE OF LATE KANHAIYA PD. SHARMA, RESIDENT OF VILLAGE – GOPALPUR, P.S. – NAUBATPUR, DISTT. PATNA, PRESENTLY RESIDING OF KANHAIYA KUNJ, OPPOSITE KAMAKHAYA BHAWAN, SHIV PURI, SHIYA RAM MARG, P.S. SHRI KRISHNA PURI, DISTT. PATNA. ----- DEFENDANT RESPONDENTS. ----------- 6. 07.03.2011 Heard the parties. The Appellant is aggrieved with the order dated 24.10.2008 passed by Sub Judge IV, Patna, in Misc. Case No. 18 of 2007/19 of 2008 by which an application for restoration of Partition Suit No. 487 of 2001 was dismissed for non- compliance of an order dated 30.11.2007. It has been submitted that the Appellant was required to file some documents by an order dated 19.11.2007 for which another chance was given to him but he could not do so for some reason and the Title Partition Suit was dismissed by an order dated 30.11.2007. When his application for restoration was filed, the same was also dismissed by an order dated 24.10.2008. It is submitted on behalf of the Appellant that 2 the Appellant could not appear in the case because of his prolonged illness nor could the documents be filed since it was in possession of the counsel concerned and, therefore, he did not deliberately delay in compliance with the Court’s order. On the other hand, the counsel for the respondents submits that the Appellant had taken no such plea and had in fact, delayed in filing the documents since it was in his favour to delay the Suit. Considering the circumstances emerging in the case, the application is allowed and the Sub Judge-IV, Patna, is directed to proceed with the Title Partition Suit 487 of 2001 and conclude it positively within a period of six months. Both the parties are in agreement that they shall not seek any unnecessary adjournment in the matter to delay the suit. With these observations, the Appeal is allowed. However, a sum of ` 5,000/- shall be deposited in the court below for disbursement to the Respondents No. 1 and 2. S.Ali ( Anjana Prakash, J.)