The High Court of Patna held that a Miscellaneous Appeal is not maintainable citing a coordinate bench decision. The court directed conversion of the appeal into a criminal revision and disposal for statistical records.
Appeal disposed of for statistics; converted to criminal revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.680 of 2023
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Rakesh Thakur Son of Late Nagendra Thakur @ Nago Thakur Resident of Village Nainha, P.O.- Nainha, P.S.- Hajipur Sadar, District- Vaishali.
... ... Appellant/s
Versus
Priti Kumari, Wife of Rakesh Thakur Resident of Village Eraji Nainha, P.O.Nainha, P.S.- Hajipur Sadar, District- Vaishali, at present residing at Village Madhubani, P.O.- Patahi, P.S.- Sadar, District- Muzaffarpur.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sabal Kumar Jha, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 25-10-2024 Heard Miscellaneous Appeal No. 680 of 2023.
2. Prima facie , the present Miscellaneous Appeal is
not maintainable in the light of Co-ordinate Bench decision dated 24.06.2023 in Miscellaneous Appeal No. 237 of 2020
(Md. Manjoor Alam @ Md. Manzoor Alam vs. Hasena Khatoon). On the other hand, appellant has remedy under criminal revision. Thus, the present Miscellaneous Appeal No. 680 of 2023 stands disposed of for the purpose of statistics.
3. Registry is hereby requested to convert this
Miscellaneous Appeal to that of criminal revision and list this matter before the concerned Roster Bench.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
abhishekkr/-
U
1 issue framed by the court
Whether the present Miscellaneous Appeal is maintainable.
Colour shows how this judgement treated each authority
(Md. Manjoor Alam @ Md. Manzoor Alam vs. Hasena Khatoon)Relied on¶11
Miscellaneous Appeal No. 237 of 2020 dated 24.06.2023
Rakesh Thakur
Priti Kumari
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P. B. Bajanthri and S. B. Pd. Singh
Parties & counsel
