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2018 DAILYLAW 2731 (PAT)

Sakaldeep Chaudhary v. Chalitar Chaudhary

MJC/3685/2018 · 2026-08-13

Ajit Kumar

body2018

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3685 of 2018 In SECOND APPEAL No.226 of 2005 ====================================================== 1.1. Balram Chaudhary Son of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.2. Amar Kumar Chaudhary, Son of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.3. Diwakar Kumar Chaudhary, Son of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.4. Sachin Kumar, Son of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.5. Suman Kumar, Son of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.6. Nibha Kumari daughter of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 1.7. Rubi Kumari, Daughter of Late Sakaldeep Chaudhary, resident of Village- Manoharpur, P.S.-Bhawanipur, Dist- Bhagalpur. 2. Laxmi Devi, Daughter of Late Anup Choudhary R/o Manoharpur, P.O.- Rajpur P.S. Bihpur, Distt.- Bhagalpur. 3. Mangi Devi, Wife of Late Anup Choudhary R/o Manoharpur,P.O.- Rajpur P.S.- Bihpur, Distt.- Bhagalpur. 4. Ramswaroop Chaudhary, Son of Late Karu Chaudghary R/o Manoharpur, P.O.- Rajpur, P.S.- Bihpur, Distt.- Bhagalpur. ... ... Petitioner/s Versus 1.1. Santosh Choudhary S/o Late Chaliter Choudhary, present residing in Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 1.2. Babita Kumar, minor daughter of Late Chalitar Chaudhary under the guardianship of her mother Ranjana Devi, present residing in Village- Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 1.3. Kavita Kumari, minor daughter of Late Chalitar Chaudhary under the guardiansihp of her mother Ranjana Devi, present residing in Village- Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 1.4. Ranjana Devi, widow of Chaliter Sahani, present residing in Village- Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 1.5. Anita Devi, daughter of Late Chalitar Chaudhary and wife of Kailash Chaudhary, resident of Village and P.S.-Kishanpur Ratwara, P.O.-Chapur, District-Madhepura. 2. Bindeshwary Chaudhary Son of Late Dhanik Chaudhary Resident of Village-Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur Patna High Court MJC No.3685 of 2018(10) dt.13-08-2026 2/4 3.1. Arun Chaudhary son of Late Chandeshwar Chaudhary, at present resident of Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 3.2. Barun Chaudhary, son of Late Chandeshwar Chaudhary, at present resident of Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 3.3. Sanjeev Chaudhary, son of Late Chandeshwar Chaudhary, at present resident of Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 3.4. Manjeet Chaudhary, son of Late Chandeshwar Chaudhary, at present resident of Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District- Madhepura. 3.5. Ranjeet Chaudhary, son of Late Chandeshwar Chaudhary, at present resident of Village-Kursandi, P.S.-Alam Nagar, P.O.-Choisa, District-Madhepura. 3.6. Sulina Devi, D/o Late Chandeshwar Chaudhary and Wife of Manoj Chaudhary, resident of Village and P.O. Ganaul, P.S.-Choisa, District- Madhepura. 3.7. Sumitra Devi, D/o Chandeshwar Chaudhary and W/o Mohan Chaudhary, resident of Village-Teldiha, P.O. and P.S.-Kishanganj, District-Madhepura. 4.1. Jito Chaudhary, son of Late Arhula Devi, resident of Village and P.O.- Bhawanpur, P.S.-Birpur, District-Bhagalpur. 4.2. Bito Chaudhary, son of Late Arhula Devi, resident of Village and P.O.- Bhawanpur, P.S.-Birpur, District-Bhagalpur. 4.3. Mahendra Chaudhary, son of Late Arhula Devi, resident of Village and P.O.- Bhawanpur, P.S.-Birpur, District-Bhagalpur. 4.4. Jogendra Chaudhary, son of Late Arhula Devi, resident of Village and P.O.- Bhawanpur, P.S.-Birpur, District-Bhagalpur. 5. Rajesh Chaudhary Son of Late Dhanik Chaudhary Resident of Village- Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur 6. Manoj Chaudhary Son of Late Dhanik Chaudhary Resident of Village- Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur 7. Anil Chaudhary Son of Late Dhanik Chaudhary Resident of Village- Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur 8. Ranjo Devi Daughter of Late Dhanik Chaudhary Resident of Village- Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur 9.1. Rajesh Chaudhary son of Late Lakshmi Devi, resident of Village- Manokarpur, P.O.-Raipur, P.S.-Bihpur, District-Bhagalpur. 9.2. Manoj Chaudhary, Son of Late Lakshmi Devi, resident of Village- Manokarpur, P.O.-Raipur, P.S.-Bihpur, District-Bhagalpur. 9.3. Anil Chaudhary, Son of Late Lakshmi Devi, resident of Village-Manokarpur, P.O.-Raipur, P.S.-Bihpur, District-Bhagalpur. 9.4. Ranjo Devi, D/o Late Lakshmi Devi and Wife of Subash Chaudhary, resident of Village-Got Kharik, P.O. Got Kharik Baar, P.S. Bihpur, District- Bhagalpur. 10. Dhaneshwar Chaudhary Son of Late Sanichar Chaudhary Resident of Village-Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur 11. Bikhan Chaudahry Son of Late Makho Chaudhary Resident of Village- Patna High Court MJC No.3685 of 2018(10) dt.13-08-2026 3/4 Manoharpur, Post-Rajpur, POlice Station-Bihpur, District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Swati Mishra, Advocate For the Opposite Party/s : Mr.Ashok Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10 13-08-2026 Heard learned counsel for the petitioners, learned counsel for the respondents & O.P. No. 9.1. 2. Pursuant to order dated 11.01.2018, the defect Nos. 05 & 06 as pointed out by the Stamp Reporter were directed to be removed within a period of four weeks from the date of passing of the order failing which the appeal was directed to be rejected without further reference to the petitioner, since the time so allowed for removal, within which the said defect could not be removed, owing to which the Second Appeal No. 226 of 2005 stood dismissed. 3. For the reasons explained / mentioned in the M.J.C. No. 3685 of 2018 for restoration of the Second Appeal No.226 of 2005, the Second Appeal is restored to its original file. 4. The appellant is at liberty to file the requisites, as is directed by the Stamp Reporter to get the Appeal ready for hearing. Patna High Court MJC No.3685 of 2018(10) dt.13-08-2026 4/4 5. Accordingly, the restoration petition is hereby disposed of in above terms. surya/- (Ajit Kumar, J) U