Shree Pradeep Kumar Agrawal @ Pradeep Kumar Agrawal v. Shree Prakash Kumar Agrawal

Patna High Court CWJC No.13103 of 2015 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13103 of 2015 ====================================================== Shree Pradeep Kumar Agrawal @ Pradeep Kumar Agrawal .... .... Petitioner/s

Versus

Shree Prakash Kumar Agrawal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-03-2016 Heard the learned counsel, Ms. Monika for the petitioner and the learned counsel, Mr. Sabbir Alam for the respondent. This application under Article 227 of the Constitution has been filed by the petitioner against the judgment and decree dated 20.05.2015 passed by Additional District Judge I, Begusarai in Title Appeal No.8 of 2013 whereby the lower appellate court has remanded the case to the trial court for a fresh decision. Since the petitioner has got remedy to file the appeal under Order 43 Rule 1(u) C.P.C., this application under Article 227 is not maintainable.

The petitioner is permitted to convert this writ application under Article 227 of the Constitution of India to a Misc. Appeal under Order 43 Rule 1(u) C.P.C. The petitioner must convert this writ application to Misc. Appeal within one month after Holi holidays.

Saurabh/- (Mungeshwar Sahoo, J) U