Anil Kumar Singh v. Smt Kusum Pyari

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.57 of 2000 ====================================================== Anil Kumar Singh .... .... Appellant/s

Versus

Smt Kusum Pyari .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kalyan Kumar Ghose Mr. Shantanu Banerjee Mr. Archana Munakshee For the Respondent/s : Mr. Kaushal Kishore Mr. Rajesh Kumar Mr. Sri Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-07-2017 The learned counsel for the appellant as well as the learned counsel for the respondent are present. They are heard. It appears that by this First Appeal, the appellant is challenging the judgment and decree dated 10th December, 1999 passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No.141 of 1996.

A Division Bench decision of this Court reported in 2009

(3) PLJR 990 has held that 'against the judgment passed by the Principal Judge, Family Court, Misc. Appeal will be maintainable and according to Section 19 of the Family Court Act, 1984, the Appeal is to be heard by a Division Bench.

In view of the above position of law, the learned counsel for

Patna High Court FA No.57 of 2000 (15) dt.03-07-2017 2/2 the appellant seeks permission to convert this First Appeal to Misc. Appeal. Accordingly, permission is accorded. The appellant shall convert this First Appeal to Misc. Appeal within six weeks failing which this First Appeal shall stand dismissed as not maintainable.

(Mungeshwar Sahoo, J) Sanjeev/- U