IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.262 of 2017
Babloo Sah @ Balkrishan Sah S/o Late Patel Sah, Resident of Village-
Maranga Musahri Tola, P.S.- K. Hat in the District of Purnea.
… … Appellant/s
Versus
1. Juli Devi @ Shardha Saha W/o Babloo Sah @ Balkrishna Sah, At present
R/o Village and P.S.- Jokihat, District- Araria.
2. Suresh Prasad Sah, Son of Late Govind Chand Mahajan,
3. Krishna Devi, Wife of Suresh Prasad Sah, All are R/o Village- Jokihat, P.S.-
Jokihat, District- Araria.
… … Respondent/s
Appearance :
For the Appellant/s : Mr.Raj Kumar
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
and
HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)
6 08-08-2019 The present Miscellaneous Appeal has been filed
against the judgment dated 12.01.2017, passed by learned
Principal Judge, Family Court, Purnea in Misc. Case No. 15 of
2011/CIS No. 000236 of 2013, whereby the appellant’s
application under section 9 of the Guardian and SectionWards Act,
1890 has been dismissed on account of lack of territorial
jurisdiction.
Though the Miscellaneous Case No. 15 of 2011 was
filed in the year 2011 when Araria was not part of Purnia
District. However, Araria was carved out as district in 2014
Patna High Court MA No.262 of 2017(6) dt.08-08-2019
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from Purnia. It is not in dispute that since filing of the
application the minor child is residing in the territorial
jurisdiction of Araria district.
Learned counsel appearing for the appellant seeks
permission to withdraw this appeal with liberty to withdraw
his application from the Court of learned Principal Judge,
Family Court, Purnia to present/file the same before the
Principal Judge, Family Court, Araria.
In the circumstances, the appeal is permitted to be
withdrawn.
It is expected from the learned Principal Judge,
Family Court, Purnea to return the application with
annexures of Miscellaneous Case No. 15 of 2011 to the
counsel for the appellant for filing before the Principal Judge,
Family Court, Araria within a period of 30 days from today.
The appeal is, accordingly, disposed of as
withdrawn with the liberty aforementioned.
(Dinesh Kumar Singh, J)
( Arvind Srivastava, J)
mcv/-
U
