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2025 DAILYLAW 71305 (PAT)

Birendra Kumar Dubey and Ors v. Suraj Kumari Devi

CWJC/18738/2015 · 2025-08-22

Anshuman

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18738 of 2015 ====================================================== 1. Birendra Kumar Dubey and Ors Son of Late Lakshuman Dubey 2. Surendra Kumar Dubey Son of Late Lakshuman Dubey 3. Nitesh Kumar Dubey @ Munna Dubey Son of Birendra Kumar Dubey All residents of village - Belaur, P.S. Udwant Nagar, District - Bhojpur ... ... Petitioner/s Versus Suraj Kumari Devi D/o Ram Briksh Dubey resident of village - Belaur, P.S. Udwant Nagar, District - Bhojpur, W/o Raj Kumar Tiwari, resident of village Jalpura Tapa, P.S. Chandi, District - Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dharmesh Kumar Shrivastava, Advocate For the Respondent/s : Mr.Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 4 22-08-2025 Heard learned counsel for the petitioners and learned counsel for the respondent. 2. The present writ petition has been filed for quashing the order dated 19.08.2015 passed in T. S. No. 107/93 by the learned 6th Sub. Judge, Ara. 3. During the pendency of this writ application, changes have been introduced in the filing procedure, whereby Chapter IIIA of Rules of the High Court at Patna, 1916 has been substituted by C.S. No. 151 dated 14.03.2016 (w.e.f. 01.04.2016), published in the Extraordinary Bihar Gazette No. 208 dated 26.03.2016, which provides as follows:- “6. Petitions under Article 227 of the Patna High Court CWJC No.18738 of 2015(4) dt.22-08-2025 2/2 Constitution of India in respect of any order or any proceeding before any Civil Court would be filed in Civil Miscellaneous Jurisdiction and would be numbered as Civil Miscellaneous No. (C. Misc. No.).” 4. Since the present writ application appears to have been filed in respect of an order/proceeding before a Civil Court, learned counsel for the petitioners is directed to take steps to convert the present writ application into a Civil Miscellaneous Case within four weeks from today. Thereafter, the office shall proceed further in accordance with law. Ashwini/- (Dr. Anshuman, J) U