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2023 DAILYLAW 1981 (PAT)

Sabita Devi v. Sri Manoj Kumar Madan @ Manoj Kumar Thakur

C. REV./292/2023 · 2026-07-17

Rajesh Kumar Verma

body2023

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.292 of 2023 In Miscellaneous Appeal No.15 of 2021 ====================================================== Sabita Devi Wife of Manoj Kumar Madan @ Manoj Kumar Thakur, D/o Ashok Thakur, Resident of Kishun Lane Champanagar, P.S. - Nathnagar, Dist. - Bhagalpur, At present resident of Mirza Chouki Sahibganj, P.S. and P.O. Mirza Chouki, Dist. - Sahibganj, Jharkhand. ... ... Petitioner/s Versus Sri Manoj Kumar Madan @ Manoj Kumar Thakur Son of Sri Naresh Thakur, Resident of Champa Nagar, P.S. - Nath Nagar, Dist. - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kulanand Jha, Advocate For the Opposite Party/s : ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 4 17-07-2026 Re: I.A. No. 01 of 2026 Learned counsel for the petitioner presses I.A. No. 01 of 2026 for condoning the delay of 294 days in preferring this review application. 2. For the reasons stated in the application, the delay in preferring this review application is condoned. 3. I.A. No. 01 of 2026 stands allowed. Re.: Civil Review No.292 of 2023 4. The present petition has been preferred by the petitioner seeking review of the order dated 17.11.2022 passed by a Co-ordinate Bench of this Court in M.A. No. 15 of 2021, which came to be dismissed, the relevant part of the said order reads as follows:- Patna High Court C. REV. No.292 of 2023(4) dt.17-07-2026 2/2 "Mr. Shivpujan Sahay, learned Advocate for the appellant, seeks permission to withdraw this appeal as the issue between the parties have already been settled. The appeal stands dismissed as withdrawn." 5. Upon perusal of the materials available on record, we are of the considered view that no case is made out warranting exercise of the power to review. No error apparent on the face of the record has been demonstrated so as to justify interference. It is well settled that the power of review cannot be exercised as an appellate jurisdiction. 6. In view of the aforesaid facts and circumstances, we find no merit in the present review application, and the same is accordingly dismissed. 7. Pending application(s), if any, shall also stand disposed of. Gaurav Sinha/Rajesh- (Sudhir Singh, ACJ) ( Rajesh Kumar Verma, J) U