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Patna High Court

Arti Priya SinhaversusRandhir Kumar Sinha and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Arti Priya Sinha, filed a civil miscellaneous suit (No.1811 of 2017) in the Patna High Court against four relatives concerning a family dispute. No counsel appeared for either side, and the petitioner’s counsel was absent throughout. The court noted that on two prior occasions the petitioners had sought time extensions, indicating a lack of active prosecution of the suit. Observing that the petitioners appeared to have lost interest in pursuing the case, the judge dismissed the petition on the ground of non‑prosecution. The order was delivered orally on 20‑06‑2025.

Issues considered

  • Whether the petition should be dismissed for non‑prosecution due to the petitioners' failure to appear and pursue the suit

Subjects

  • civil procedure
  • dismissal for non‑prosecution
  • non‑appearance
  • procedural default
  • Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CIVIL MISCELLANEOUS JURISDICTION No.1811 of 2017
                   ======================================================
                   Arti Priya Sinha wife of Sri Ranjit Kumar Sinha resident of village
                   Dhandhana Chak, P.O. Nisherpura, P.S. Beur, District Patna at present
                   residing at B - 47, Airport Apartments, New Delhi, P.S. Vishakhapuri, New
                   Delhi.
                                                                                ... ... Petitioner
                                                     Versus
              1.    Randhir Kumar Sinha son of Late Mithilesh Kumar Sinha resident of village
                    Dhandhana Chak, P.O. Nisherpura, P.S. Beur, District Patna.
              2.   Anuradha Singh daughter of Late Mithilesh Kumar Sinha, wife of Pramod
                   Kumar resident of Mohalla Indira Nagar, P.S. Kankarbagh, District Patna.
              3.   Arti Sinha daughter of Late Mithilesh Kumar Singh, wife of Shiv Pujan
                   Kumar resident of mohalla Sheikhpura, P.S. Shastri Nagar, District Patna.
              4.   Ranjit Kumar Sinha son of Late Mithilesh Kumar Sinha resident of village
                   Dhandhana Chak, P.O. Nisherpura, P.S. Beur, District Patna at present
                   residing at B - 47, Airport Apartments, New Delhi, P.S. Vishakhapuri, New
                   Delhi.

                                                             ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :       None
                   For the Respondent/s   :       Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

4   20-06-2025                      On call, none appears.

                                    2. Perusal of record shows that on the last two

                     occasions time was sought on behalf of the petitioners. It seems

                     that petitioners have lost interest in their case. Hence, the

                     present petition is dismissed for non-prosecution.



                                                          (Arun Kumar Jha, J)

Shahnawaz/-

U


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