Patna High Court - Orders
Neeraj Kumar Singh vs Tesu Kumari on 13 February, 2017
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh, Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.35 of 2016
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Neeraj Kumar Singh
.... .... Appellant
Versus
Tesu Kumari
.... .... Respondent
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Appearance :
For the Appellant/s : Mr. Sukumar Sinha, Sr. Advocate
Mr. Avinash Kumar, Advocate
For the Respondent : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Sanjeev Kumar Mishra, Advocate
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CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH
And
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)
5. 13-02-2017This appeal arises from an order being restitution of conjugal rights passed under Section 9 of the Hindu Marriage Act, 1955.
The appellant is the husband. By our earlier order, we had stayed the execution proceedings. There is an application on behalf of respondent being Interlocutory Application No. 6684 of 2016 for vacating the stay.
Having considered the matter, if stay is vacated and the decree is allowed to be executed, even if it is executable, the appeal would become infructuous.
Hence, Interlocutory Application No. 6684 of 2016, for vacating stay, is dismissed. Patna High Court MA No.35 of 2016 (5) dt.13-02-2017 2
Heard both the parties who have entered appearance.
This appeal will be heard.
Call for lower court records of matrimonial Case No. 81 of 2009 from the court of Principal Judge, Family Court, Bhagalpur.
List this appeal no sooner lower court records are received.
(Navaniti Prasad Singh, J.) (Vikash Jain, J.) Rajeev/-
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