Musmat Bachani Kuer v. Smt. Punam Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.37 of 2023 In FIRST APPEAL No.8 of 2014 ====================================================== Musmat Bachani Kuer W/O Late Basudeo Mishra Resident of MauzaMachahalpur P.S. - Sonhan, District- Kaimur At Present (Village and P.S.- Bhagwanpur), District- Kaimur.

... ... Petitioner/s

Versus

1.

Smt. Punam Mishra W/O Ramayan Mishra 2.

Ramayan Mishra Son of Late Rambriksh Mishra Resident of VillageMachahalpur, P.O.- Mahuari, P.S.- Sonhan, Distt- Kaimur(Bhabua). 3.

Sudama Mishra son of Late Rambriksh Mishra Resident of VillageMachahalpur, P.O.- Mahuari, P.S.- Sonhan, Distt- Kaimur(Bhabua). 4.

Radheshyam Mishra Son of Late Rambriksh Mishra Resident of VillageMachahalpur, P.O.- Mahuari, P.S.- Sonhan, Distt- Kaimur (Bhabua). 5.

Kashinath Pandey S/O- Nand Kishor Pandey R/V- Dekahari, P.S.- Bhagwanpur, District- Kaimur.

6.

Pritam Mishra S/O- Ambika Mishra, R/V- Machahalpur, P.O.- Mahuari, P.S.- Sonhan, Distt- Kaimur (Bhabua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Sahay, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 The instant application has been filed by the appellant praying for modification of the order dated 26.9.2022 passed in F.A. no. 8 of 2014.

The appeal (F.A. no 8 of 2014) was disposed of vide order dated 26.9.2022 (Annexure-1) in the following terms: "In view of the above, the appeal is disposed of as not maintainable in view of the pecuniary jurisdiction on the amendment as stated above, with liberty to the appellant to move before

Patna High Court MJC No.37 of 2023(2) dt.22-03-2023 2/3 the learned District Judge concerned within a period of four weeks from today along with the limitation petition.

The learned District Judge will take into consideration the filing and pendency of the appeal in this Court in deciding the limitation petition in accordance with law."

It is submitted by learned counsel for the appellant that due to the order dated 26.9.2022 not having been communicated to the appellant, the appeal could not be filed within the time granted. As such, it is prayed that the order be suitably modified.

The order dated 26.9.2022 passed in F.A. no. 8 of 2014 is modified to the extent that the appellant who was directed to file the appeal before the learned District Judge within a period of four weeks with effect from the date of order ie. 26.9.2022 may file the appeal within four weeks from today (22.3.2023).

Remaining part of the aforesaid order dated 26.9.2022 shall remain unchanged.

The application stands allowed to the above extent. (Partha Sarthy, J) Spd/- U

Patna High Court MJC No.37 of 2023(2) dt.22-03-2023 3/3