Suresh Pasad @ Suresh Chandra Jahauri v. Kailash Prasad And ORS

Patna High Court MJC No.2723 of 2016 (2) dt.21-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2723 of 2016 In Civil Writ Jurisdiction Case No. 4803 of 2014 ====================================================== Suresh Prasad @ Suresh Chandra Jahauri .... .... Petitioner/s

Versus

Kailash Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravinder Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-11-2016 This M.J.C. application has been listed under the heading to be mentioned at the instance of the Court. On 15.11.2016, this M.J.C. application was allowed with some modification in the order dated 21.01.2016 passed by this Court in C.W.J.C. No.4803 of 2014. However, the order dated 15.11.2016 has wrongly been typed in the writ application instead of M.J.C. application No.2723 of 2016. Not only this, after typing the order dated 15.11.2016 in writ application No.4803 of 2014, it has also been pronounced in that writ application. Since the order dated 15.11.2016 was passed in M.J.C. No.2723 of 2016, the order pronounced in C.W.J.C. No.4803 of 2014 be treated as order passed in M.J.C. No.2723 of 2016. For ready reference, a copy of the order dated 15.11.2016 pronounced in C.W.J.C. No.4803 of 2014 be kept in M.J.C. application.

Patna High Court MJC No.2723 of 2016 (2) dt.21-11-2016 It is made clear that the order dated 15.11.2016 was never passed in C.W.J.C. No.4803 of 2014 and, therefore, it could not have been pronounced in the aforesaid writ application. Accordingly, it is held that the order dated 15.11.2016, pronounced in the aforesaid writ application, is invalid and nonest so far writ application is concerned.

(Mungeshwar Sahoo, J) Saurabh/- U