Rajmati Devi v. Gobardhan Bind

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.363 of 2025 ====================================================== Rajmati Devi Wife of Gobardhan Bind Resident of village- Chandosh, Police Station- Chand, District- Kaimur (Bhabua).

... ... Appellant/s

Versus

Gobardhan Bind Son of Late Timol Bind, Resident of Village- Chandosh, P.S.- Chand, District- Kaimur (Bhabuha) at present resident of Ward no 09 P.O plus P.S. Bhabua, Distt. Kaimur.

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

For the Appellant/s :

Mr. Rakesh Kumar Mishra, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA and HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NANI TAGIA) 18-11-2025 In view of the defect pointed out by the registry vide defect No. 16 stating that the proper remedy for the appellant in the instant case seems to lie by way of filing a restoration petition under Order - IX, rule - 9 of the C.P.C before the learned Principal Judge, Family Court and hence, the appeal is not maintainable.

2. Learned counsel for the appellant seeks permission to withdraw the present appeal with a liberty to approach the concerned Family Court.

3. Prayer is allowed.

Patna High Court MA No.363 of 2025(3) dt.18-11-2025 2/2

4. As such, the present appeal is disposed off as withdrawn with the liberty as prayed for.

(Nani Tagia, J) ( Sanjay Kumar Singh , J) Siddharth Sagar/- U