Allowed

Krishna Kumar Ojha v. Jitendra Chaudhary

Patna HC4 Jul 2024C.Misc./347/2024

Case brief

AI extract

What is this about?

Petitioners sought leave to convert their Article 227 miscellaneous petition into a civil revision petition, stating a revision was the proper remedy against the impugned order. The court allowed the application and permitted conversion within four weeks.

What did the court decide?

Permission granted to convert the civil miscellaneous petition into a civil revision petition within four weeks.

Krishna Kumar Ojha Vs Jitendra Chaudhary — Civil Procedure and Limitation | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.347 of 2024

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======================================================

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Krishna Kumar Ojha, Son of Late Thakur Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Anil Ojha @ Anil Kumar Ojha, Son of Late Dinbandhu Ojha Resident of Village- Kiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Sunil Ojha @ Sunil Kumar Ojha, Son of late Dinbandhu Ojha Resident of Village- Kiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Sujit Ojha @ Sujit Kumar Ojha, Son of Late Dinbandhu Ojha Resident of Village- Kiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Ajit Ojha @ Ajit Kumar Ojha, Son of Late Dinbandhu Ojha Resident of Village- Kiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Usha Kumari, Daughter of Late Dayasindhu Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Chunni Devi, Daughter of Late Dayasindhu Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Munni Devi, Daughter of Late Dayasindhu Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Rajkumari Devi, Wife of late Ramchandra Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Navin Kumar Ojha, Son of Late Ramchandra Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Praveen Kumar Ojha, Son of Late Ramchandra Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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Binita Kumari, Daughter of Late Ramchandra Ojha Resident of VillageKiratpur, Gurudas @ Khabra, Police Station- Bhagwanpur, DistrictMuzaffarpur.

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... ... Petitioner/s

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Versus

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Jitendra Chaudhary, son of late Chaturbhuj Chaudhary, Resident of Village - Madhopur, Durlav @ Dhebaha, Police Station and Post Kanti, District - Muzaffapur. PIN -843109.

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Ravindra Chaudhary son of late Chaturbhuj Chaudhary, Resident of Village -

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Patna High Court C.Misc. No.347 of 2024(3) dt.04-07-2024 2/3

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Madhopur, Durlav @ Dhebaha, Police Station and Post Kanti, District - Muzaffapur. PIN -843109.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 04-07-2024 I.A.No.01 of 2024

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The instant Interlocutory Application has been filed

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on behalf of the petitioners seeking permission to convert the instant civil miscellaneous petition into a civil revision petition.

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The learned counsel for the petitioners submits that inadvertently the petitioner has filed the instant petition under Article 227 of the Constitution of India, whereas a civil revision would lie against the impugned order. Hence, learned counsel for the petitioners seeks permission to convert the instant civil miscellaneous petition into a civil revision petition.

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Having regard to the facts and circumstances and the averments made in this interlocutory application, I.A. No. 01 of 2024 is allowed.

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As prayed, the learned counsel for the petitioners is permitted to convert the instant civil miscellaneous petition into a civil revision petition within four weeks.

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Office is directed to extend all cooperation to the

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Patna High Court C.Misc. No.347 of 2024(3) dt.04-07-2024 3/3

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learned counsel for the petitioners towards this conversion.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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Krishna Kumar Ojha v. Jitendra Chaudhary

Case brief

What is this about?

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Krishna Kumar Ojha v. Jitendra Chaudhary

Case brief

What is this about?

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