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2004 Supreme(Pat) 206

RAVI S.DHAVAN
Braj Ballabh Kumar @ Braj Ballabh Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The order dismissing the revision for default on 28 November 2003 is recalled.

2. The revision is restored to its original number.

3. The petitioners have filed the revision. The petitioner no.1 submits in person.

4. The issues between the petitioners and the contesting respondents are personal between them regarding a property over which both sides are at loggerheads. A status quo order had been passed. The trial court has recorded that the order of the court imposing status quo was violated, thus, cost of Rs. 150 was ordered on the defendants, which if not paid also rendered them liable to civil prison. The pendency of this revision is obstructing with the proceedings of the suit. Already, it is contended by the petitioner submitting in person that against an exparte decree, he has filed a miscellaneous appeal. On the miscellaneous appeal, this court cannot make any comment because that record is before another division of the court.

5. Fathers of the plaintiffs and the defendants were brothers. They ought to be resolving their disputes between them failing which they must join the proceeding in court. But unfortunately things have come down to this that while they are




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