Dismissed¶29

Mishri Malli v. Jhagru Rai and Ors.

Patna HC2 May 2024C.Misc./1252/2017

Case brief

AI extract

What is this about?

Dismissal for default / non-prosecution: C.Misc. No. 1252 of 2017, Mishri Malli v. Jhagru Rai & Ors., High Court of Judicature at Patna, Arun Kumar Jha, J., decided 02-05-2024. Petitioner failed to file requisites for notice to respondent nos. 1-10 as directed by order dated 23.01.2024 and none appeared when the matter was called; petition dismissed for non-compliance. Keywords: requisites of notice, registered cover with A/D, dismissal for non-compliance, Bhudan Yagna Committee Motihari, East Champaran, Manoj Kumar Sinha AC to SC-19.

What did the court decide?

Since none appeared for the petitioner and the office note showed that the requisites of notice had not been filed, the petition stands dismissed for non-compliance with the order dated 23.01.2024. ¶29

Mishri Malli Vs Jhagru Rai and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1252 of 2017

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Mishri Malli son of Late Jamun Dome, Resident of Village Ghanshyam Pakari, P.S.- Pipra, District- East Champaran.

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... ... Petitioner/s

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Versus

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Jhagru Rai son of Asharfi Rai,

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Yodha Koiari, son of Ashish Koiari,

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Mahesh Paswan, son of Jagan Hazara, all are resident of VillageGhanshyam Pakari, P.S.- Pipra, Anchal Chaukia, District- East Champaran.

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Panna Devi, wife of Lakchan Malli, daughter of Jamun Dom, Resident of Ahirauliya, P.S.- Chakiya, District- East Champaran.

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Jagarnath Rai, son of Jhagru Rai,

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Baidnath Rai, son of Jhagru Rai,

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Awdesh Rai, son of Jhagru Rai,

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Anil Rai, son of Jhagru Rai,

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Daroga Paswan, son of Late Jagan Hazara,

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Kaushilya Devi, wife of Jhagru Rai, All are resident of Village- Ghanshyam Pakari, P.S.- Pipra, Anchal Chaukia, District- East Chamapran.

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President, Bhudan Yagna Committee, Motihari, East Champaran.

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The State of Bihar through the District Magistrate, Motihari, East Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Manoj Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 02-05-2024 On call, none appears for the petitioner.

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On 23.01.2024, the following order was passed:-

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“Heard learned counsel for the petitioner and the learned counsel for the State. 2. Issue notice to the respondent nos. 1 to 10 for which requisites etc. under

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Patna High Court C.Misc. No.1252 of 2017(3) dt.02-05-2024 2/2

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registered cover with A/D as well as ordinary process must be filed within three weeks, failing which, the petition would be dismissed.

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