Ram Paras Rai v. Sogarath Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.45 of 2015 ====================================================== Ram Paras Rai Son of Siya Ram Rai Resident of Village - Uttari Dhamaun, P.O - Dhamaun, Police Station - Patori, Sub- Division - Patori, District - Samastipur.

... ... Petitioner/s

Versus

1.

Sogarath Rai 2.

Jawahar Lal Rai 3.

Mansuk Lal Rai 4.

Chandra Shekhar Rai SI No.-1 to 4 are sons of Late Patti Lal Rai 5.

Chandeshwar Rai 6.

Vijai Rai 7.

Bhupan Rai Si. No. 5 to 7 are sons of Late Ram Dati Rai 8.

Most. Daulat Devi Wife of Late Ram Dati Rai 9.

Most. Sudama Devi Wife of Late Nandan Rai 10.

Sanjai rai Son of Late Ramnandan Rai 11.

Sanjit Rai 12.

Santosh Rai 13.

Mantu Rai SI No- 11 to 13 are sons of Late RamNandan Rai 14.

Siya Ram Rai 15.

Sudim Rai 16.

Ram Niwas Rai 17.

Ram Lagan Rai SI No- 14 to 17 are sons of Late RamNandan Rai 18.

Chhehariya Devi Wife of Late Triloki Rai 19.

Daroga Rai Son of Late Triloki Rai 20.

Most. Udamiya Devi Wife of Late Lakshmeshwar Rai 21.

Uptesh Rai 22.

Fuddi Lal Rai SI No 21 & 22 are sons of Late Lakshmeshwar Rai all residents of Village - Uttari Dhamaun, P.O - Dhamaun, P.S - Patori, District - Samastipur.

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate

Patna High Court CWJC No.45 of 2015(3) dt.30-08-2025 2/3 For the Respondent/s :

Mr. Amar Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2025 Learned counsel for the petitioner and learned counsel for the respondents are present.

2. The present writ petition has been filed for quashing of the order dated 21.07.2014 passed by the 5th Additional Munsif, Samastipur in Title Suit No.29 of 2004.

3. During the pendency of this writ application, changes have been introduced in the filing procedure, whereby Chapter IIIA of Rules of the High Court at Patna, 1916 has been substituted by C.S. No.151 dated 14.03.2016 (w.e.f. 01.04.2016), published in the Extraordinary Bihar Gazette No.208 dated 26.03.2016, which provides as follows:- "6. Petitions under Article 227 of the Constitution of India in respect of any order or any proceeding before any Civil Court, would be filed in Civil Miscellaneous Jurisdiction and would be numbered as Civil Miscellaneous No. (C. Misc. No.)."

4. Since, the present writ application appears to have been filed in respect of an order/proceeding before a Civil Court, learned counsel for the petitioner is directed to take steps to convert the present writ application into a Civil

Patna High Court CWJC No.45 of 2015(3) dt.30-08-2025 3/3 Miscellaneous Case within four weeks from today. Thereafter, the Office shall proceed further in accordance with law. (Dr. Anshuman, J) Divyansh/- U