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Patna High CourtC.Misc./2097/2017disposed

Alpana See Shee @ Gopa Devi v. Subir Kumar @ Raju And ORS

2023-09-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.2097 of 2017 ====================================================== Alpana See Shee @ Gopa Devi Wife of Sri Nimayee Kumar See Resident oif Mohalla- Belbanwa, Motihari, P.S. Motihari Town, District East Champaran. ... ... Petitioner/s

Versus

1.

Subir Kumar @ Raju and Ors Son of late Nimayee Kumar See Resident of Mohalla- Belbanwa, P.O. Motihari, P.S. Motihari town, District East Champaran.

2.

Mitali Chatterjee@Mamta Chatterjee Wife of Sri Uttam Chatterjee , Daughter of late Nimayee Kumar See Resident of Mohalla- Dashashmegh, P.O. Varanasi, District- Varansi U.P.

3.

Kakoli Krishna Wife of Sri Vinay Krishna @ Guddu Resident of MohallaBelbanwa, P.O. Motihari, P.S. Motihari town, District East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-09-2023 Heard the parties.

2. This application has been filed for quashing the order dated 18.11.2017 passed in Title Suit No. 467 of 2003 by which the learned Sub-Judge-X, Motihari East Champaran the petition dated 07.11.2017 for recalling the order dated 09.10.2017 for closing the evidence of the the defendants has been rejected.

3. I have considered the submissions of the parties and in the interest of justice the petition dated 07.11.2017 is allowed.

4. The defendant is allowed to be cross-examined within a month from the date of receipt/communication of a copy of this order.

Patna High Court C.Misc. No.2097 of 2017(4) dt.21-09-2023 2/2

5. The defendant i.e. the petitioner will appear in the Court below for cross-examination on 09th of October, 2023 and the cross-examination must be concluded on the same day.

6. Thereafter, without granting any adjournment, the concerned Sub-Judge is directed to decide the case within two months after hearing both the parties and file a compliance report in this Court.

7. With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U