Sunita Kumari v. Dr. Krishna Kant Kumar

Patna High Court FA No.88 of 2008 (6) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.88 of 2008 ====================================================== Sunita Kumari .... .... Appellant/s

Versus

Dr. Krishna Kant Kumar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Ambastha Mr. Sanjeet Ambastha Mr. Sudha Kumari For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-01-2015 In view of the Full Bench decision of this Court in the case of Sunita Kumari vs. Prem Kumar, 2009(3) PLJR 990, this First Appeal arising out of the matrimonial suit against the judgment and decree dated 22.02.2008 passed by the Principal Judge, Family Court, Patna is not maintainable rather Misc. Appeal is maintainable.

In view of the aforesaid Full Bench decision of this Court, the appellant is permitted to convert this First Appeal to Misc. Appeal within four weeks. Thereafter, the defects may be placed before the appropriate Bench. If this First Appeal is not converted to Misc. Appeal, as directed above, within the aforesaid period, this First Appeal shall be dismissed as not maintainable. (Mungeshwar Sahoo, J) Saurabh/- U