Jamuna Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1248 of 2018 ====================================================== Jamuna Chaudhary, Son of Late Thakur Chaudhary, Resident of Village- Kuor Bathua, P.S.- Fulwariya, Distt- Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, Gopalganj. 2.
The Court Registrar Civil Court, Gopalganj.
3.
Bindeshwari Chaudhary @ Mangu Chaudhary, S/o Late Ram Lal Chaudhary Resident of Village Bairagee Tola, Hathee Khal, P.S.- Meerganj, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate Mr. Vijay Kumar Mishra, Advocate For the State : Mr. Raisul Haque, S.C. 10 For the Civil Court Gopalganj : Mr. Piyush Lal, Advocate For the O.P. No. 3 : Mr. Binay Kant Mani Tripathi, Advocate Ms. Ajita, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-01-2023 Learned counsel for the petitioner submits that despite the order dated 21.03.2018 passed by the learned District Judge, Gopalganj for taking steps to procure the lower Court records in Title Appeal No. 13 / 1980, till date lower Court records has not been received by the ADJ- 7 / Successor Court.
Learned counsel for the respondent no. 2, Registrar Civil Court, Gopalganj submits that despite best efforts the said L.C.R. has not been traced out till date.
Learned counsel for both the parties submits that since
Patna High Court C.Misc. No.1248 of 2018(6) dt.19-01-2023 2/2 the matter is very old, it is in the interest of justice that both the parties shall co-operate in the disposal of the appeal by taking the alternative mode including reconstruction of necessary records so that appeal may be disposed of expeditiously they have prayed to dispose of this petition, accordingly. In the light of the aforesaid submission of the learned counsel for the parties, this Civil Miscellaneous application is disposed of with liberty to the petitioner to move before the Court concerned by filing the appropriate application for reconstruction of record and both the parties shall co-operate in the same for early disposal of the pending appeal. (Sunil Dutta Mishra, J) saurabhkr/- U