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Patna High CourtC.Misc./323/2024converted

Vaibhava Kumar Tiwari @ Vaibhava Kumar v. Government Of Bihar

2024-08-13Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.323 of 2024 ====================================================== 1.

Vaibhava Kumar Tiwari @ Vaibhava Kumar son of Late Surendra Tiwari, resident of Village Ward No. 10, P.O. Bhabua, P.S. Bhabua, District-Kaimur at Bhabua.

2.

Vaishnav Kumar Tiwari @ Vaishnav Tiwari, son of Late Surendra Tiwari, resident of Village Ward No. 10, P.O. Bhabua, P.S. Bhabua, District-Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

Government of Bihar through Collector, Kaimur at Bhabua, P.S.-Bhabua, District-Kaimur at Bhabua.

2.

Anchaladhikari, Bhabua, Resident of Village-Bhabua, P.S.-Bhabua, DistrictKaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Respondent/s :

Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-08-2024 The matter has been listed on mentioning being made on behalf of the petitioners.

2. The petitioners have challenged the order dated 12.12.2023 passed by learned Munsif, Kaimur at Bhabua in Title Suit No. 782 of 2021, whereby and whereunder the learned Munsif has dismissed the petition filed by the petitioners/defendant nos. 1 and 2 under Order VII Rule 11 of the Code of Civil Procedure.

3. If the petition of the petitioners would have been allowed, that would have been the end of the matter before the learned trial court and against such order a Civil Revision under Section 115 of the Code of Civil Procedure would lie.

Patna High Court C.Misc. No.323 of 2024(2) dt.13-08-2024 2/2

4. At this stage, learned counsel for the petitioners seeks permission to convert the present petition into Civil Revision petition.

5. Permission is accorded.

6. Learned counsel for the petitioners is directed to convert the present petition into Civil Revision petition within two weeks from today.

7. Office is directed to extend all cooperation towards conversion.

(Arun Kumar Jha, J) DKS/- U