Ashok Kumar @ Ashok Prasad v. Dharmendra Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.4 of 2023 ====================================================== Ashok Kumar @ Ashok Prasad Son of Late Ram Nath Sah, Resident of Village- Kot Bazar Sitamarhi Town, Ward No. 17, P.S. and DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

Dharmendra Kumar Son of Late Ram Nath Sah, Resident of VillageSitamarhi Kot Bazar, Ward No. 17, P.S. and District- Sitamarhi. 2.

Smt. Usha Devi Wife of Shyam Bihari Prasad, resident of Village- Maibi, P.S.- Bathnaha, District- Sitamarhi.

3.

Abhay Kumar Gupta Son of Shyam Bihari Prasad, resident of VillageMaibi, P.S.- Bathnaha, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner.

2. It appears that the present application has been filed as a Civil Miscellaneous case; however, on perusal of the pleadings and the relief sought, this Court finds that the matter is in the nature of a Miscellaneous Appeal and is required to be registered and heard accordingly.

3. Learned counsel for the petitioner also submits that the present proceeding has been inadvertently filed as a Civil Miscellaneous case and prays for its conversion into a Miscellaneous Appeal.

4. Considering the nature of the proceeding and in the

Patna High Court C.Misc. No.4 of 2023(2) dt.29-01-2026 2/2 interest of justice, the prayer is allowed.

5. Accordingly, the present Civil Miscellaneous case is directed to be converted into a Miscellaneous Appeal.

6. Put up this case before appropriate Bench. (S. B. Pd. Singh, J) Ankit Kumar/- U