Md. Jakir v. Chanda Khatun,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3486 of 2019 In Miscellaneous Appeal No.253 of 2019 ====================================================== Md. Jakir Son of Md. Kasim, R/o Village-Kawadih, P.S.-Baligaon, DistrictVaishali. ... ... Petitioner/s

Versus

1.

Chanda Khatun, daughter of Md. Muslim, Wife of Md. Jakir, resident of Village- Kaba, P.S.- Baligaon, P.O. Kawa, District- Vaishali, presently resides at Village and P.O.- Kafen, P.S.- Kudhani, Muzaffarpur. 2.

Sabina Khatoon, daughter of Md. Jakir, resident of Village- Kaba, P.S.- Baligaon, P.O. Kawa, District- Vaishali, presently resides at Village and P.O.- Kafen, P.S.- Kudhani, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 25-09-2019 This application has been filed for restoration of Miscellaneous Appeal No. 253 of 2019, which stood dismissed for non-compliance of the order dated 06.08.2019, whereby the learned counsel for the appellant was permitted to convert the aforesaid Miscellaneous Appeal into Criminal Revision Application under Section 19(4) of the Family Courts Act, 1984 by 19th August, 2019 in view of the ratio laid down in the case of Raj Kumar Sah Vs. The State of Bihar & Anr. reported in 2008(4) P.L.J.R. 817.

Patna High Court MJC No.3486 of 2019(3) dt.25-09-2019 2/2 Considering the grounds taken in the restoration application, Miscellaneous Appeal No. 253 of 2019 is restored to its original file.

The time granted for conversion of the Miscellaneous Appeal into Criminal Revision Application is extended by 15th October, 2019, failing which the Miscellaneous Appeal shall stand rejected without further reference to the Bench.

The MJC application, accordingly, stands allowed. (Dinesh Kumar Singh, J) ( Arvind Srivastava, J) mcv/- U