← Library
Patna High CourtCWJC/19119/2015converted

Pratima Devi v. Kanhaiya Prasad Singh And ANR

2025-08-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19119 of 2015 ====================================================== Pratima Devi Wife of Sri Arun Kumar Singh resident of Village Mohammadpur Muria, Post Office Muria, Police Station Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

1.

Kanhaiya Prasad Singh S/o Late Ram Narayan Singh resident of Village Mohammadpur Muria, Post Office Muria, Police Station Sadar, District - Darbhanga.

2.

Arun Kumar Singh S/o Late Ram Narayan Singh resident of Village Mohammadpur Muria, Post Office Muria, Police Station Sadar, District - Darbhanga.

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Advocate For the Respondent/s :

Mr. Anish Chandra Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-08-2025 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 28.07.2015 passed by the Sub Judge-I, Darbhanga in Partition Suit No.133 of 2012.

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:-

Patna High Court CWJC No.19119 of 2015(3) dt.22-08-2025 2/2 "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 Miscellaneous Case within four weeks from today. Thereafter, the Office shall proceed further in accordance with law. The interlocutory application filed in the present writ petition shall continue in the Civil Miscellaneous also.

(Dr. Anshuman, J) Divyansh/- U