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Patna High Court

Gunnu YadavversusThe Chief Executive Officer, Bihar State Shia Waqf Board

Decided
Disposal
ALLOWED

Holding

The court held that the revision may be restored upon satisfactory reasons presented by the petitioner.

Summary

Gunnu Yadav filed an application before the Patna High Court seeking restoration of Civil Revision No. 30 of 2023, which had been dismissed on 19 December 2023 for want of prosecution. The petitioner argued that the dismissal was premature and that there were sufficient reasons to revive the proceeding. The respondent, the Chief Executive Officer of the Bihar State Shia Waqf Board, opposed the restoration. Justice Nawneet Kumar Pandey examined the reasons set out in the petitioner's application and found them satisfactory. Consequently, the court allowed the restoration application, directing that the revision be reinstated to its original file and number.

Issues considered

  • Whether Civil Revision No. 30 of 2023, dismissed for want of prosecution, can be restored?

Subjects

  • civil procedure
  • revision
  • restoration
  • want of prosecution
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2838 of 2024
                                                     In
                                       CIVIL REVISION No.30 of 2023
                  ======================================================
                  Gunnu Yadav Son of Munni Gope, resident of Mohalla-Mogalpura, Naudhal,
                  PS-Khajekalan, District-Patna.

                                                                            ... ... Petitioner/s
                                                     Versus
                  The Chief Executive Officer, Bihar State Shia Waqf Board 34, Ali Imam Path,
                  Haj Bhawan, Harding Road, Patna-800001.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr.Manisha
                  For the Opposite Party/s :   Mr.Md. Anjum Akhter
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

4    06-02-2026                  Heard learned counsel for the petitioner and learned

                    counsel appearing for the opposite party.

                                 2. The present application has been filed for

                    restoration of Civil Revision No. 30 of 2023 which stood

                    dismissed for want of prosecution by order dated 19.12.2023. .

                                 3. For the reasons stated in the application, this

                    restoration application is allowed and Civil Revision No. 30 of

                    2023 is restored to its original file and number.



                                         (Nawneet Kumar Pandey, J)
A.K.V.//-

U


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