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Patna High CourtC.Misc./450/2020dismissed

Shukan Chodhary v. Kamlesh Chodhary

2022-02-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.450 of 2020 ====================================================== Shukan Chodhary Son of late Jaykrishna Chodhary, Resident of Village- Sultanpur, P.S. Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner

Versus

1.

Kamlesh Chodhary Son of late JayKrishna Chodhary, Resident of VillageSultanpur, P.S. Kusheshwar Asthan, District- Darbhanga. 2.

Ramjanki Chodhary, Son of late JayKrishna Chodhary, Resident of VillageSultanpur, P.S. Kusheshwar Asthan, District- Darbhanga. 3.

Satyendra Chodhary, Son of late Jaykrishna Chodhary Resident of VillageSultanpur, P.S. Kusheshwar Asthan, District- Darbhanga. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Vide impugned order, the Survey Appeal No. 12 of 2008 has been dismissed in default by the learned sub-Judge, Darbhanga.

The present civil miscellaneous petition is not maintainable. The petitioner may, if so advised, take the remedies provided under the Code of Criminal Procedure, 2019.

If the petitioner files the petition for re-admission of the appeal along with a petition under Section 5 of the Limitation Act

Patna High Court C.Misc. No.450 of 2020(5) dt.21-02-2022 2/2 for condoning the delay, the learned court below may take notice of the fact that some delay has been caused in preferring present civil miscellaneous petition.

With these observations, the civil miscellaneous petition is dismissed as not maintainable.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U