Sikandar Shukla vs Chandradeo Shukla &Amp; Ors. on 20 September, 2010

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                         MA No.272 of 2010
                        SIKANDAR SHUKLA
                              Versus
                   CHANDRADEO SHUKLA & ORS.
                             -----------

06/ 20.09.2010 Learned counsel for the appellant submits that by

the order dated 14.09.2010 though the miscellaneous appeal

was admitted but simultaneously it was ordered in para 4

that the notice directed to be issued to the respondents to

show cause why the case be not admitted and disposed off at

the stage of admission under Order XLI Rule 11 of the Civil

Procedure Code and hence in view of appeal being admitted

the order in para 4 is redundant.

Hence, paragraph no. 4 of the said order is ordered

to be deleted and be substituted by the issue notice to the

respondents with rule returnable within three months.

Accordingly, the order dated 14.09.2010 stands

modified to the extent indicated above.

       Kundan                           (Gopal Prasad, J.)