Sheo Kishore Chaudhary Vs the State of Bihar and Ors.

Patna High Court MJC No.1548 of 2012 (3) dt.13-02-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1548 of 2012

======================================================
Sheo Kishore Chaudhary
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Respondent/s : Mr. M. D. Dwivedi Sc23
======================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
3 13-02-2013 No one appears for the petitioner.
Counsel for respondent nos. 2 to 4 is present.
Perused the order dated 3.1.2011 passed in C.W.J.C.
No.7391 of 2010.
In paragraph 3 of the instant application, the petitioner
states that the aforesaid order was passed on an incorrect
statement of facts made on behalf of respondents that final decree
was prepared.
It appears from the order dated 3.1.2011 that this Court
merely noted the submission of the respondents that even final
decree has been prepared. This court has merely observed that if
a preliminary decree is not challenged in appeal, then the issue
settled in the preliminary decree cannot be opened in final
decree. This Court has granted liberty that the parties can only
agitate that allotment is not being made inconsonance with the

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Patna High Court MJC No.1548 of 2012 (3) dt.13-02-2013

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terms of the preliminary decree if the same has not been challenged and altered.

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If no final decree has been prepared, there is no question of filing an appeal against the same. The observation made in last but one paragraph of the order dated 3.1.2011 passed in C.W.J.C. No.7391 of 2010 is modified to the aforesaid effect without prejudice to either party.

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This application is thus disposed of.

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(Samarendra Pratap Singh, J)

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KHAN/-

Sheo Kishore Chaudhary v. the State of Bihar and Ors.

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Sheo Kishore Chaudhary v. the State of Bihar and Ors.

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