Chandrabhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1109 of 2019 ====================================================== Chandrabhushan Kumar Son of Lalendra Singh @ Lalendu Singh, resident of Village Khaira, P.S. Amba, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Dept. of Home. 2.

Nageshwar Singh, Son of Late Ramdeo Singh. resident of Rampur, P.S.- Hariharganj, District Palamu (Jharkhand).

3.

Chandmati Devi Wife of Nageshwar Singh. resident of Rampur, P.S.- Hariharganj, District Palamu (Jharkhand).

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

For the Petitioner/s :

Mr.Nilesh Kumar, Advocate For the Respondent/s :

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-05-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Apparently the present Civil Miscellaneous Petition has been filed against the judgment and decree dated 24.04.2019 and 03.05.2019, respectively passed by learned Principal Judge, Family Court, Aurangabad in Guardianship Case No. 06 of 2017.

3. Section 19(1) of the Family Courts Act reads as

Patna High Court C.Misc. No.1109 of 2019(2) dt.09-05-2024 2/3 under:- "19(1). Save as provided in subsection 2 and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law."

4. Against the judgment and decree passed by the learned Family Court, an appeal would lie in the High Court. Hence, the present petition is not maintainable.

5. However, learned counsel for the petitioner seeks permission to convert the present petition into a Misc. Appeal.

6. Permission is accorded.

7. Learned counsel for the petitioner is directed to convert the present petition into a Misc. Appeal within two weeks after vacation, failing which the present petition would be dismissed.

8. Office is directed to submit an explanation as to why the Stamp Reporter has not pointed out this defect at the outset when the stamp reporting was done.

Patna High Court C.Misc. No.1109 of 2019(2) dt.09-05-2024 3/3

9. The explanation must be submitted on or before 17.05.2024.

(Arun Kumar Jha, J) DKS/- U