Patna High Court
Dinesh Tanti @ Dinesh SharmaversusSuresh Prasad Singh @ Suro Singh
- Decided
- Disposal
- ALLOWED
- Bench
- SUDHIR SINGH
Holding
The court condoned the delay and restored the second appeal to its original file.
Summary
Petitioners Dinesh Tanti and Umesh Tanti filed an application seeking condonation of a 1,497‑day delay in filing their petition. The court examined whether such a lengthy delay could be justified under procedural law. Relying on the reasons provided, the bench condoned the delay and allowed the application. The petition also sought restoration of Second Appeal No. 116 of 2009, which had been dismissed on 17‑12‑2019 for failure to comply with an order dated 19‑09‑2019. The court found the restoration application satisfactory and ordered the appeal to be reinstated to its original file. Consequently, any pending applications related to the matter were also disposed of.
Issues considered
- Whether a delay of 1,497 days in filing a petition can be condoned under the law.
- Whether a second appeal dismissed for non‑compliance can be restored to the court’s file.
Subjects
- condonation of delay
- restoration of appeal
- second appeal
- procedural compliance
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.350 of 2026
In
SECOND APPEAL No.116 of 2009
======================================================
1. Dinesh Tanti @ Dinesh Sharma Son of late Basudeo Tanti, Resident of
Village/ Mohalla- Saharsa Town, Kayastha Tola, Ward No. 10/16, P.O and
P.S- Saharsa, District- Saharsa.
2. Umesh Tanti @ Umesh Sharma, S/o Late Basudeo Tanti, Resident of
Village/ Mohalla- Saharsa Town, Kayastha Tola, Ward No. 10/16, P.O and
P.S- Saharsa, District- Saharsa.
... ... Petitioner/s
Versus
1. Suresh Prasad Singh @ Suro Singh Son of Late Anirudh Kumar, Resident of
Village and P.O Mahishi, Bhagwatpur Tola, P.S Mahisi, District- Saharsa, at
present resident of Saharsa near Refugee Colony, Bangaon Road, Saharsa,
P.O and P.S- Saharsa, District- Saharsa.
2. Samrendra Kumar @ Jarman Singh, Son of Late Anirudh Kumar, Resident
of Village and P.O Mahishi, Bhagwatpur Tola, P.S Mahisi, District- Saharsa,
at present resident of Saharsa near Refugee Colony, Bangaon Road, Saharsa,
P.O and P.S- Saharsa, District- Saharsa.
3. Smt. Geeta @ Nina Devi, Daughter of Late Anirudh Kumar, Resident of
Village and P.O Mahishi, Bhagwatpur Tola, P.S Mahisi, District- Saharsa, at
present resident of Saharsa near Refugee Colony, Bangaon Road, Saharsa,
P.O and P.S- Saharsa, District- Saharsa.
4. Smt. Eina Devi, Daughter of Late Anirudh Kumar, Resident of Village and
P.O Mahishi, Bhagwatpur Tola, P.S Mahisi, District- Saharsa, at present
resident of Saharsa near Refugee Colony, Bangaon Road, Saharsa, P.O and
P.S- Saharsa, District- Saharsa.
5. Smt. Irani Ghosh, Daughter of Bhabesh Mohan Dutta, Wife of Murlidhar
Ghosh, Resident of Village- Saharsa Town, Kayasth Tola, P.O. and P.S-
Saharsa, Ward No. 10/16, District- Saharsa.
6. Neta Jee, Son of Late Akhaleshwar Prasad, Resident of Village- Saharsa
Tola Kayasth, P.O. and P.S- Saharsa, Ward No. 10/16, District- Saharsa.
7. Anand Prasad, Son of Late Akhleshwar Prasad, Resident of Village- Saharsa
Tola Kayasth, P.O. and P.S- Saharsa, Ward No. 10/16, District- Saharsa.
8. Chiku Prasad, Son of Late Ratneshwar Prasad, Resident of Village- Saharsa
Tola Kayasth, P.O. and P.S- Saharsa, Ward No. 10/16, District- Saharsa.
9. Pankaj Prasad, Son of late Ratneshwar Prasad, Resident of Village- Saharsa
Tola Kayasth, P.O. and P.S- Saharsa, Ward No. 10/16, District- Saharsa.
10. Punit Prasad, Son of Late Ratneshwar Prasad, Resident of Village- Saharsa
Tola Kayasth, P.O. and P.S- Saharsa, Ward No. 10/16, District- Saharsa.
11. Laxmi Devi, Wife of Jhunu Rajak, Resident of Village- Saharsa Town,
Kayasth Tola, P.O. and P.S.- Saharsa, Ward No. 10/16, District- Saharsa.
12. Shiv Pujan Rajak, Son of Jhunu Rajak, Resident of Village- Saharsa Town,
Patna High Court MJC No.350 of 2026(3) dt.04-05-2026
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Kayasth Tola, P.O. and P.S.- Saharsa, Ward No. 10/16, District- Saharsa.
13. Shanker Rajak, Son of Jhunu Rajak, Resident of Village- Saharsa Town,
Kayasth Tola, P.O. and P.S.- Saharsa, Ward No. 10/16, District- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand, Advocate
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 04-05-2026 Re : I.A. No. 01 of 2026
Learned counsel for the petitioners presses I.A. No.
01 of 2026 for condonation of delay of 1497 days in preferring
this petition.
2. For the reasons station stated in the application, the
delay in preferring this petition is condoned.
3. I.A. No. 01 of 2026 stands allowed.
Re : MJC No. 350 of 2026
4. The present application has been preferred by the
petitioners for restoration of S.A. No. 116 of 2009 which was
dismissed on 17.12.2019 for non-compliance of the order dated
19.09.2019 passed by a coordinate Bench of this Court.
5. For the reasons stated in the restoration application,
the same is allowed.
6. Accordingly, S.A. No. 116 of 2009 is restored to its
original file.
7. Substitution matter shall be considered in S.A. No.
Patna High Court MJC No.350 of 2026(3) dt.04-05-2026
3/3
116 of 2009.
8. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
Rajesh/-
U
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