Shyam Bihari Singh And ORS v. Binda Devi And ORS

Patna High Court C.Misc. No.114 of 2016 (2) dt.04-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.114 of 2016 ====================================================== Shyam Bihari Singh & Ors .... .... Appellant/s

Versus

Binda Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kr Singh No.1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-08-2016 It appears that the impugned order dated 12.02.2016 is under challenge in this Civil Misc. application.

By the said order, the Sub Judge XI, Patna has disposed of the injunction application under Order 39 Rule 1 CPC in Title Suit No.1 of 2013. The order is, therefore, appealable under Order 43 Rule 1 Clause (r) CPC. Therefore, the petitioner may convert this Civil Misc. application to Misc. Appeal within three weeks failing which this Civil Misc. application shall stand dismissed. The learned counsel for the petitioner seeks permission to convert this Civil Misc. application to Misc. Appeal under the said provision. Accordingly, permission is accorded and the petitioner is directed to convert this Civil Misc. application within three weeks. Sanjeev/- (Mungeshwar Sahoo, J) U T