IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1477 of 2008 1. SRI SURYA VIJOY KUMAR SINGH 2. Sri Arun Kumar Singh 3. Sri Ran Vijoy Kumar Singh, sons of Sri Ram Prit Yadav 4. Sri Kedar Prasad Singh, son of Late Ram Chandra Yadav 5. Smt. Ram Sakhi Devi, wife of Sri Kedar Prasad Singh 6. Smt. Puniya Devi, wife of Sri Sukhnandan Yadav 7. Sri Jawahar Prasad, son of Late Ram Kishun Yadav All residents of village Daud Bigha, Police Station Agamkuan, District Patna Versus 1. ROBINA WASIK, wife of Sri Neyaz Ahmad 2. Zohra Wasik, wife of Sri Rahmat Ali 3. Ajara Wasik, wife of Sri Akil Ahmad All residents of Mohalla Sadar Gali, Patna City, Police Station Khajekalan, Post Office Gulzarbagh, District Patna 4. Vishwanath Prasad, son of Late Ram Narayan Yadav 5. Jagdish Prasad Singh 6. Arjun Prasad Singh 7. Ram Balak Yadav @ Ram Balak Prasad Singh 8. Sheo Balak Prasad @ Sheo Balak Prasad Singh All sons of Late Ram Das Yadav 9. Lakhmuni Devi, wife of Late Jagdeo Singh 10. Kailash Prasad 11. Hari Shankar Prasad 12. Udai Shankar Prasad Sons of Late Satya Narayan Yadav, All residents of Mohalla Daud Bigha, P.S. Agamkuan, District Patna 13 Smt. Vidya Devi Daughter of Late Ram Narayan Yadav, wife of Sri Satya Nand Yadav, resident of village Islampur, P.S. Masaurhi, District Patna 14. Smt. Sushila Devi daughter of Late Ram Narain Yadav, wife of Sri Nand Kishore Yadav, resident of Mohalla Mahabir Tola, P.S. Maner, District Patna ----------- 04/ 01.04.2009 It submitted on behalf of the petitioners that the counsel could not mark the list on 11.4.2007, result being that the appeal was dismissed for default. For the mistake of the counsel to mark the list, appellants should not be allowed to suffer. In the circumstances, delay in filing the restoration application is condoned and the restoration application is allowed. - 2 - Let Misc. Appeal No. 10 of 2005 be restored to its original file and number. Arjun/ (V.N. Sinha, J.)