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2025 DAILYLAW 3106 (PAT)

Rajeev Kumar Patel v. Adhula Devi

FA/94/2025 · 2026-03-19

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.94 of 2025 ====================================================== 1. Rajeev Kumar Patel Son of Bhola Mahto, Resident of Mohalla Dawan Tola P.S. and District- Khagaria. 2. Sanjeev Kumar @ Sanjeev Patel, Son of Bhola Mahto, Resident of Mohalla Dawan Tola P.S. and District- Khagaria. ... ... Appellant/s Versus 1. Adhula Devi Wife of Late Hardeo Prasad @ Har Gauri Prasad, Resident of village dawan Tola, P.S. and District Khagaria. 2. Kalpana Devi, Daughter of Late Hardeo Prasad @ Har Gauri Prasad, Resident of village dawan Tola, P.S. and District Khagaria. 3. Ajit Kumar, Son of Late Hardeo Prasad @ Har Gauri Prasad, Resident of village dawan Tola, P.S. and District Khagaria. 4. Sujit Kumar, Son of Late Hardeo Prasad @ Har Gauri Prasad, Resident of village Dawan Tola, P.S. and District Khagaria. 5. Mahadeo Prasad, Son of Late Henu Mahto, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 6. Prabhat Kumar, Son of Mahadeo Mahto, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 7. Navin Kumar, Son of Mahadeo Mahto, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 8. Most. Ranjeeta Devi @ Ranjeeta Kumari, Wife of Late Ranjit Patel @ Ranjeet Kumar Patel, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 9. Arpit Raj @ Ritik Raj, Son of Late Ranjeet Patel @ Ranjeet Kumar Patel, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 10. Ritesh Raj, Son of Late Ranjeet Patel @ Late Ranjeet Kumar Patel, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 11. Ritika Rani, Daughter of Late Ranjeet Patel @ Late Raneet Kumar Patel, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 12. Usha Devi @ Usha Kumari, Wife of Late Sudhir Mandal, Daughter of Late Patna High Court FA No.94 of 2025(2) dt.19-03-2026 2/3 Bhola Mahto @ Late Bhola Prasad Singh, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 13. Nisha Patel @ Nisha Devi @ Nisha Kumari, Wife of Dashrath Prasad Ranjan @ Dashrath Mahto, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. 14. Sharmila Devi, Wife of Pramod Singh, Daughter of Late Bhola Mahto @ Late Bhola Prasad Singh, Resident of Mohalla Dawan Tola, P.S. and District Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Garg, Advocate Mr. Sanjiv Kumar Pathak, Advocate Mr. Sandip Kumar, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-03-2026 Heard learned counsel for the appellants and perused the record. 2. Learned counsel for the appellants submits that as per amendment in Section 21 of the Bengal, Agra and Assam Civil Court Act, 1887; appeal from a decree or order where the value of the original suit is less than Rs. 10 lakhs, the appeal would lie before learned District Judge and since the suit from which the instant appeal has been preferred is valued at Rs. 3 lakhs, the present appeal is not maintainable. 3. In view of the above, appeal is disposed of as not maintainable in view of the pecuniary jurisdiction on the amendment as stated above, with liberty to the appellants to Patna High Court FA No.94 of 2025(2) dt.19-03-2026 3/3 move before the learned District Judge concerned within a period of four weeks from today along with the limitation petition. 4. The learned District Judge will take into consideration the filing and pendency of the appeal in this Court in deciding the limitation petition in accordance with law. Alok Verma/- (Rudra Prakash Mishra, J) U