Naseem Bano vs Syed Afzalur Rahman And Anr
2021 Latest Caselaw 5990 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No.4063 of 2016
                                       In
                       SECOND APPEAL No.316 of 1986
     ======================================================

1. Naseem Bano, Widow of Zahiruddin Ashraf

2. Kaokab Zahan

3. Kainat Ashraf, Both daughters of Late Zahiruddin Ashraf, All residents of Bashir Colony, At and P.S. Muzaffarpur District- Muzaffarpur.

... ... Petitioner/s Versus

1. Syed Afzalur Rahman, Son of Syed Md. Sulaiman, resident of Village-

Khizir Chak, Pargana Malki, P.S.- Teghra District Begusarai.

2. The Bihar State Sunni Waqf Board, Gulab Bagh, P.S. Pirbahore, Presently Fraser Road, P.S. Kotwali, Town and District-Patna

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lala Sachindra Kumar, Advocate For the Opposite Party/s : Mr. Md. Helal Ahmad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021

The instant petition stands filed for restoration of

Second Appeal No. 316 of 1986, titled as Syed Zabruddin

Ashraf Vs. Syed Afzaber Rahman & Ors., which stood

dismissed for default, vide order dated 26.11.2013 passed by a

coordinate Bench of this Court.

Record reveals that the instant petition has been filed

after a period of 2 years 10 months and 28 days. No reason,

sufficient enough, explaining the delay in filing the application

emanates from the record. Also, there is no justification for Patna High Court MJC No.4063 of 2016 dt.09-12-2021

recall of the order. At some stage, parties must put a quietus to

the litigation. Second Appeal No. 316 of 1986, titled as Syed

Zabruddin Ashraf Vs. Syed Afzaber Rahman & Ors. was

dismissed in default on 26.11.2013, whereas the instant

application for restoration was filed on 30.11.2016. Parties have

been litigating much prior to the year 1970. The judgment and

decree dated 14.07.1970 was subject matter of the appeal. The

judgment and decree passed by the trial court stands affirmed by

the lower Appellate Court, subject matter of the Second Appeal.

That apart, no ground, sufficient enough, is made out for

allowing this petition.

As such, the instant petition stand dismissed.

                                                                  (Sanjay Karol, CJ)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date          10.12.2021
Transmission Date