Patna High Court

Ganesh PanditversusSudama Devi

Decided: 2 February 2026
Disposal: DISPOSED
Bench: S B P SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners, a group of individuals named Ganesh Pandit, Mahesh Pandit, Rameshwar Pandit, Rajeshwar Pandit and Banarshi Devi, filed a civil miscellaneous petition before the Patna High Court. No counsel appeared on their behalf at any of the hearings, including the final date of hearing. The respondent, Sudama Devi and Shushila Devi, were represented by Advocate Alka Singh. The Court observed that the petitioners had not shown up for any hearing and appeared to have lost interest in pursuing the matter. Consequently, the Court dismissed the petition on the ground of non‑prosecution. The order was pronounced by Justice Arun Kumar Jha on 30‑10‑2024.

Issues considered

What is the appropriate consequence when petitioners fail to appear for any hearing and show no intention to prosecute the petition?

Subjects

civil procedure
non‑prosecution
petition dismissal
default
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CIVIL MISCELLANEOUS JURISDICTION No.72 of 2023
                  ======================================================
             1.    Ganesh Pandit Son of Late Sarjug Pandit. Resident of Village- Basantpur
                   Patti, P.S. and Anchal- Saraiya, District- Muzaffarpur.
             2.   Mahesh Pandit Son of Late Sarjug Pandit. Resident of Village- Basantpur
                  Patti, P.S. and Anchal- Saraiya, District- Muzaffarpur.
             3.   Rameshwar Pandit Son of Harendra Pandit Resident of Village- Basantpur
                  Patti, P.S. and Anchal- Saraiya, District- Muzaffarpur.
             4.   Rajeshwar Pandit @ Rajeshwar Kumar Son of Harendra Pandit. Resident of
                  Village- Basantpur Patti, P.S. and Anchal- Saraiya, District- Muzaffarpur.
             5.   Most. Banarshi Devi Wife of Harendra Pandit Resident of Village-
                  Basantpur Patti, P.S. and Anchal- Saraiya, District- Muzaffarpur.
                                                                              ... ... Petitioner/s
                                                     Versus
             1.   Sudama Devi Wife of Lakshaman Pandit resident of Village and P.O.-
                  Banjariya, P.S. and Anchal- Motipur, Munsifi and Sub Division West-
                  Muzaffarpur, District- Muzaffarpur.
             2.    Shushila Devi Wife of Satyanarayan Pandit Resident of Village and P.O.-
                   Amaitha, Munsifi and P.S. and Anchal- Saraiya, Munsifi and Sub Division-
                   West Muzaffarpur, District- Muzaffarpur.
                                                                         ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       None
                  For the Respondent/s   :       Mr. Alka Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

6    30-10-2024                  On call none appears for the petitioners.

                                2. Perusal of record shows that even on the last date of

                    hearing none appears for the petitioners.

                                3. It seems the petitioners have lost interest in their case.

                                4. Hence, the petition is dismissed for non-prosecution.



                                             (Arun Kumar Jha, J)
anuradha/-

U

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