Geeta Sharee And ANR. v. Prem Lata Thakur And ANR.

Patna High Court MA No.805 of 2013 (3) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.805 of 2013 ====================================================== Geeta Sharee & Anr.

.... .... Appellant/s

Versus

Prem Lata Thakur & Anr.

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

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-01-2015 Learned counsel Mr. Ajay Kumar submitted that in view of the office note that the appeal will lie before the District Judge according to the provision as contained in proviso to Section 388

(2) of the Indian Succession Act, 1925 the office may be directed to return the memo of appeal for proper presentation. In view of the aforesaid statement, the office is directed to return the memo of appeal to the learned counsel for the appellants for its proper presentation before the proper forum. The learned counsel shall receive the memo of appeal and the documents, if any, and court fee filed, if any, within ten days from today and file the same within next ten days. Accordingly, this miscellaneous appeal is disposed of.

(Mungeshwar Sahoo, J) Harish/- U