Dina Nath Singh And ORS v. Shyam Bihari Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18384 of 2015 ====================================================== 1.

Dina Nath Singh, S/o Late Kumar Yadav 2.

Rajkesh Singh S/o Dina Nath Singh 3.

Mukesh Yadav @ Mukesh Singh Minor Son of Dina Nath Singh under the guardian Ship of father and natural guardian 4.

Pappu Singh Minor Son of Rajkesh Singh under the guardian ship of father and natural guardian All resident of Village- Majhuei, P.S.- Chainpur, District- Kaimur Bhabua.

... ... Petitioner/s

Versus

1.

Shyam Bihari Singh 2.

Haridwar Singh both son of Late Gaya Singh 3.

Rajeshwar Singh S/o Shyam Bihari Singh 4.

Chandrashekhar Singh 5.

Jay Prakash Singh both son of Haridwar Singh 6.

Vimlesh Singh Minor son of Shyam Bihari Singh under the guardian ship of father and natural guardian 7.

Akhilesh Singh Minor son of Haidwar Singh under the guardian ship of father and Natural guardian All resident of Village- Manjhuei, P.S.- Chainpur, District- Kaimur Bhabua 8.

Fula Devi 9.

Fulmati Devi 10.

Fulwasi Devi 11.

Sharda Devi All daughter of Late Bidhiram Singh 12.

Geeta Kumari 13.

Reeta Kumari Both daughter of Late Udai Singh 14.

Lal Bahadur Singh S/o Late Udai Singh 15.

Brahma Singh minor son of Late Udai Singh 16.

Rama Dha Singh 17.

Jogendra Singh Both S/o Bal Karan Singh 18.

Nagendra Singh minor is under the guardian ship of his father Bal Karan Singh All resident og Village- Majhuei, P.O.- Sirsi, P.S.- Chainpur, DistrictKaimur Bhabua. 19.

Rakesh Yadav S/o Dina Nath Singh Resident of Village- Majhuei, P.O.- Sirsi, P.S.- Chainpur, District- Kaimur Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate

Patna High Court CWJC No.18384 of 2015(5) dt.22-08-2025 2/3 For the Respondent/s :

Mr. Arvind Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-08-2025 Learned counsel for the petitioners and learned counsel for the respondents are present.

2. The present writ petition has been filed for quashing of the order dated 19.09.2015 passed by the Additional District Judge 3rd, Kaimur at Bhabua in Title Appeal No.90 of 2009 (Reg. No.225 of 2014).

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 petitioners is directed to take

Patna High Court CWJC No.18384 of 2015(5) dt.22-08-2025 3/3 steps to convert the present writ application into a Civil Miscellaneous Case within two weeks from today. Thereafter, the Office shall proceed further in accordance with law. (Dr. Anshuman, J) Divyansh/- U