Patna High Court
Taru Lata SharmaversusAkalu Acharya
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The court restored Second Appeal No. 128 of 2009 to its original file and ordered that the substitution application be considered thereafter.
Summary
The petitioners, a group of women from Bhagalpur, filed a restoration application seeking to revive Second Appeal No. 128 of 2009 against a large group of respondents from Purnia and Bhagalpur. The court examined the statements made in paragraphs 4, 5 and 6 of the restoration application and decided to restore the appeal to its original file. It also ordered that the interlocutory application for substitution, filed along with the restoration plea, be dealt with after the appeal is restored. The office was directed to place the appeal under the appropriate heading for consideration by the suitable bench. No merits of the original dispute were addressed; the order solely concerned procedural restoration and pending substitution.
Issues considered
- Whether Second Appeal No. 128 of 2009 should be restored to its original file.
- Whether the interlocutory application for substitution can be entertained after the restoration of the appeal.
Subjects
- restoration of appeal
- interlocutory application
- substitution petition
- civil procedure
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4208 of 2019
In
SECOND APPEAL No.128 of 2009
======================================================
1. Taru Lata Sharma Wife of Shri Yogesh Chandra Sharma Resident of
Kelapur, P.S.- Nath Nagar, District- Bhagalpur.
2. Aparna Rani Sharma Wife of Shri Mahesh Chandra Sharma Resident of
Kelapur, P.S.- Nath Nagar, District- Bhagalpur.
3. Neelam Rani Sharma Wife of Shri Bibhuti Sharma Resident of Kelapur,
P.S.- Nath Nagar, District- Bhagalpur.
... ... Petitioner/s
Versus
1. Akalu Acharya Son of Late Nand Gopal Acharya Resident of Madharia, P.S.
Kasawa, District- Purnia.
2. Sakulu Acharya Son of Late Nand Gopal Acharya Resident of Madharia,
P.S. Kasawa, District- Purnia.
3. Arjun Acharya Son of Late Nand Gopal Acharya Resident of Madharia, P.S.
Kasawa, District- Purnia.
4. Bhuplu Acharya Son of Late Nand Gopal Acharya Resident of Madharia,
P.S. Kasawa, District- Purnia.
5. Bulo Devi Wife of Late Mohini Kumar Acharya Resident of Madharia, P.S.
Kasawa, District- Purnia.
6. Tripurari Chattarjee Son of Late Mohini Kumar Acharya Resident of
Madharia, P.S. Kasawa, District- Purnia.
7. Muraru Kumar Chatterjee Son of Late Mohini Kumar Acharya Resident of
Madharia, P.S. Kasawa, District- Purnia.
8. Saban Chatterjee Son of Late Mohini Kumar Acharya Resident of Madharia,
P.S. Kasawa, District- Purnia.
9. Dayamati Devi Wife of Shri Gobind Chandra and Daughter of Late Mohinid
Kumar Acharya Resident of Madharia, P.S. Kasawa, District- Purnia.
10. Manju Mala Wife of Pradeep Kumar Mukherjee and Daughter of Late
Mohini Kumar Acharya Resident of Aliganj, P.S. Banka, District- Banka.
11. Anirudh Chand Acharya Son of Late Jai Narayan Acharya Resident of
Village Kelapur, P.S. Nath Nagar, District- Bhagalpur.
12. Ranjit Chand Acharya Son of Late Jai Narayan Acharya Resident of Village
Kelapur, P.S. Nath Nagar, District- Bhagalpur.
13. Purushottam Acharya Son of Late Jai Narayan Acharya Resident of Village
Kelapur, P.S. Nath Nagar, District- Bhagalpur.
14. Bijay Kumar Ghoshal Son of Late Nagendra Nath Ghoshal Resident of
Mukheria, P.S. Jagdishpur, District- Bhagalpur.
15. Ravi Ghoshal Son of Late Nagendra Nath Ghoshal Resident of Mukheria,
Patna High Court MJC No.4208 of 2019(10) dt.24-02-2026
2/3
P.S. Jagdishpur, District- Bhagalpur.
16. Ashwini Ghoshal Son of Late Nagendra Nath Ghoshal Resident of
Mukheria, P.S. Jagdishpur, District- Bhagalpur.
17. Abhai Ghoshal Son of Late Nagendra Nath Ghoshal Resident of Mukheria,
P.S. Jagdishpur, District- Bhagalpur.
18. Sanjay Ghoshal Son of Late Nagendra Nath Ghoshal Resident of Mukheria,
P.S. Jagdishpur, District- Bhagalpur.
19. Khem Devi died Daughter of Late Nagendra Nath Ghoshal Resident of
Mukheria, P.S. Jagdishpur, District- Bhagalpur.
20. Manju Devi Daughter of Late Nagendra Nath Ghoshal Resident of
Mukheria, P.S. Jagdishpur, District- Bhagalpur.
21. Chhotaki @ Abha Ganguli Daughter of Late S.D. Ganguli Resident of
Dingaria, Near G.D. Office, District Chhindwara (M.P.)
22. Heera Devi Wife of Shri Balram Bhattacharya Resident of Ourama, P.S.
Amarpur, District Bhagalpur.
23. Meera Devi Wife of Nityanand Sharma Resident of Mohanganj, P.S.
Tarapur, District Munger.
24. Bhuneshwari Devi @ Smt. Bhawani Devi Wife of Bhawani Sharma @
Mantu Resident of Kelapur, P.S.- Nath Nagar, District- Bhagalpur.
25. Nimai Chand Mukherjee Son of Late Narayan Das Mukherjee Resident of
Village Masakchak, P.S. Kotwali, District Bhagalpur.
26. Som Nath Mukherjee Son of Nikmjdhari Mukherjee Resident of Village
Masakchak, P.S. Kotwali, District Bhagalpur.
27. Sandeep Mukherjee Son of Nikmjdhari Mukherjee Resident of Village
Masakchak, P.S. Kotwali, District Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamala Kant Tiwary, Adv.
For the Res. No.7 : Mr. Ram Bali Jha, Adv.
Mr. Anupa Nand Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
10 24-02-2026 In view of the statement made in Para 4, 5 & 6 of the
instant restoration application, the Second Appeal No. 128 of
2009 is restored to its original file.
2. The interlocutory application for substitution, filed
in this restoration application, will be considered on restoration
Patna High Court MJC No.4208 of 2019(10) dt.24-02-2026
3/3
and Office is directed to place the Second Appeal No. 128 of
2009 under the appropriate heading for consideration of
substitution petition by the appropriate Bench.
(Ajit Kumar, J)
rishi/-
U
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