Dulal Kanti Nandi v. Nitendra Kumar Singh @ Gulabi Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.876 of 2024 ====================================================== 1.
Dulal Kanti Nandi Son of Late Harendra Kumar Nandi, Resident of Mohalla- Binodpur, Chunagali, P.S.- Katihari Town, District- Katihar. 2.
Amit Mazundar @ Amit Kumar Mazundar, Son of Late Vijay Krishna Mazundar, Resident of Mohalla- Binodpur, Chunagali, P.S.- Katihari Town, District- Katihar.
3.
Archana Mazundar, Daughter of Amit Mazundar, Resident of MohallaBinodpur, Chunagali, P.S.- Katihari Town, District- Katihar. 4.
Vivekanand Yadav, Son of Late Shyam Narayan Yadav, Resident of Officer's Colony, Mirchaibari, P.S.- Sahayak, Police Station- Katihar. ... ... Petitioner/s
Versus
Nitendra Kumar Singh @ Gulabi Singh Son of Late Ram Chandra Prasad Singh, Resident of Village- Saidpur, P.O.- Saidpur, P.S.- Gopalpur, DistrictBhagalpur, State- Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanand Roy, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-11-2024 The record has been taken up on mentioning being made on behalf of the petitioners.
2. The petitioners are aggrieved by the order dated 22.03.2024 passed by learned Sub-Judge VII, Katihar in Title Suit No. 143 of 2021, whereby and whereunder the application filed by the petitioners challenging the maintainability of the suit has been rejected. Against such order, a revision petition under Section 115 of the Code of Civil Procedure is maintainable and a petition under Article 227 of the Constitution
Patna High Court C.Misc. No.876 of 2024(2) dt.26-11-2024 2/2 of India could not be entertained.
3. At this stage, learned counsel for the petitioners seeks permission to convert the present petition into civil revision petition.
4. Learned counsel for the petitioners is permitted to convert the present petition into civil revision petition within two weeks.
5. Office is directed to extend all cooperation towards conversion.
(Arun Kumar Jha, J) DKS/- U