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Patna High CourtC.Misc./1731/2017disposed

Madan Mohan Jhunjhunwala @ Madan Mohan Prasad And ORS v. Bachha Prasad And ORS

2018-08-18Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court C.Misc. No.1731 of 2017 (2) dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1731 of 2017 ======================================================

1. Madan Mohan Jhunjhunwala @ Madan Mohan Prasad, son of Late Kali Prasad Jhunjhunwala,

2. Sanjiv Kumar son of Sri Shyam Sunder Jhunjhunwala,

3. Sita Devi, W/o Late Nawal Kishore Jhunjhunwala,

4. Rajiv Kumar @ Tinku son of Late Nawal Kishore Jhunjhunwala, All Residents of Shardanand Bazar, P.O. & P.S. Siwan, District Siwan- 841226. .... .... Petitioner/s

Versus

1. Bachha Prasad son of Late Rajendra Prasad, Resident of Chowk Bazar, P.O. & P.S.- Siwan, District- Siwan.

2. Dwarika Prasad, son of Late Dhrub Prasad,

3. Radhe Shyam Prasad son of Late Dhrub Prasad, Both Resident of Purani Bazar, P.O.& P.S.- Siwan, District- Siwan- 841226. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anshuman Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2018 Heard Mr. S.D.Sanjay, learned senior counsel for the petitioners.

The petitioners filed this civil miscellaneous petition against the order dated 15.04.2017 passed in Title Appeal No.73 of 2013 by which learned Additional District Judge III, Siwan while hearing the appeal called for the original register of the registration office showing the registration of the ladavi deed, the certified copy of which was issued on 08.09.2006. The learned counsel for the petitioner submits that the District Sub Registrar, Saran at Chapra issued Letter No.915 dated

Patna High Court C.Misc. No.1731 of 2017 (2) dt.18-08-2018 19.08.2017 to the learned Additional District Judge III, Siwan about the non-availability of the records and the concerned register but it appears that the letter was sent to the learned Additional District Judge on 19.08.2017 and the order was passed at earlier date i.e. 15.04.2017, therefore, I dispose of this civil miscellaneous petition with a direction to the learned Additional District Judge III, Siwan to pass appropriate order in view of the letter No.915 dated 19.08.2017 sent to him by District Sub Registrar, Saran at Chapra.

Accordingly, with the aforesaid direction, this civil miscellaneous petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U