Patna High CourtFA/2/2017

Smt. Kusum Devi v. Surendra Singh And ORS

2017-01-012 pages

Patna High Court FA No.2 of 2017 (3) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.2 of 2017 ======================================================

1. Smt. Kusum Devi widow of Late Mahendra Singh Resident of Village - Pipra, P.S. - Parsa Bazar at present residing at village - Lakhanpur Lodipur, P.S. - Punpun, District - Patna.

.... .... Appellant/s

Versus

1. Surendra Singh

2. Sri Mahesh Singh Both sons of Late Sarbanand Singh

3. Sri Raju Kumar

4. Sri Manoj Kumar

5. Sri Nitish Kumar All sons of Sri Surendra Singh

6. Sri Manish Kumar

7. Sri Ravish Kumar Both sons of Sri Mahesh Singh All resident of village - Pipra, P.S. - Parsa Bazar, P.O. - Parsa Bazar, District - Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dilip Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28.03.2017 Stamp reporter has pointed out that value of Title Partition suit no. 100/2011 is Rs 6 lakh which is less than 10 lakh and, therefore, appellant against the judgment and decree passed in Title Partition suit no. 100/2011 lies before the District Judge. Learned counsel appearing for the appellant prays that this memo of appeal be sent to the District Judge, Patna. In view of the aforesaid submission, this memo of appeal along with certified copy of judgment and decree and power are returned to learned counsel appearing for the appellant so that appellant could file appeal before the appropriate forum. It is made clear that if any appeal is filed by the appellant against the judgment

Patna High Court FA No.2 of 2017 (3) dt.28-03-2017 and decree dated 20.9.2016 passed in Title Partition suit no. 100/2011 the period spent before this court shall be excluded at the time of reckoning period of limitation, if memo of appeal is filed within eight weeks from today before the appropriate forum. Office should proceed accordingly.

shahid (Hemant Kumar Srivastava, J) U T