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Patna High Court

Ajay Kumar PandeyversusAnil Kumar Pandey,

Decided
Disposal
ALLOWED

Holding

The court extended the time for removal of defects by four weeks.

Summary

The petitioner, Ajay Kumar Pandey, filed a modification application seeking an extension of time to cure defects identified in the order dated 23 September 2022 in Miscellaneous Jurisdiction Case No. 2117 of 2019. The original order had stipulated a deadline which the petitioner failed to meet. The petitioner argued for additional time, citing reasons detailed in the application. The court examined whether procedural rules permit extending the deadline for defect removal. Finding merit in the petitioner's request, the court granted a further four‑week extension from the date of the order. The order thus modifies the earlier decree by allowing more time for compliance.

Issues considered

  • Whether the deadline for removal of defects under M.J.C. No. 2117 of 2019 can be extended by the court

Subjects

  • modification of order
  • extension of time
  • procedural defect
  • miscellaneous jurisdiction
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2302 of 2025
                                                      In
                             Miscellaneous Jurisdiction Case No.2117 of 2019
                 ======================================================
                 Ajay Kumar Pandey Son of Ramchandra Pandey, Resident of Village Kanak
                 Semariya, P.O. Balthari, P.S. Kargahar, District Rohtas at present House No.
                 N8/180 M/6 Rajendra Vihar Colony, Newada, Sunderpur, Varanasi (U.P.).

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    Anil Kumar Pandey, Son of Ramchandra Pandey, Resident of Village Kanak
                 Semariya, P.O. Balthari, P.S. Kargahar, District Rohtas at present House No.
                 N8/180 M/6 Rajendra Vihar Colony, Newada, Sunderpur, Varanasi (U.P.) at
                 401, The legend, Plot Nos. 37 and 38 Opposite Saiya Grahi College Sector
                 19, Navi, Mumbai- 410210.
           2.    Daymenti Tripathy, Wife of Kameshwar Tiwary, Village and P.O. Deo
                 Khaira, P.S. Kochas, Distt. Rohtas at present resident at Ward No. 9, Civil
                 Lines, Sassaram, Distt. Rohtas.
           3.    Prema Devi, Wife of Kamala Kant Tiwary, Resident of Village Chandrabhan
                 Patti, P.O. Barki Kharari, P.S. Kkargahar, Distt. Rohtas.
           4.    Meera Devi, Wife of Shashi Prakas Dewedi, Village and P.O. Kachhawa,
                 Distt. Rohtas.
           5.    Seema Pandey, Wife of Sanjay Kumar Pandey, Resident of House No.
                 8/200/B21, Ma Bhagirathi Nagar, Sunderpur, Varanasi (U.P).
           6.    Sweta Pandey, daughter of Ramchandra Pandey, Resident of village Kanak
                 Semariya, P.O. Balathari, P.S. Kargahar, Distt Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajani Kant Pandey
                 For the Opposite Party/s :     Mr.Dinkar Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-02-2026                    Heard the parties.

                                 2. This application has been filed for modification of

                   the order dated 23.09.2022 passed in Misc. Jurisdiction Case

                   No. 2117 of 2019 for extension of time for removal of defects as

                   pointed out in M.J.C. No. 2117 of 2019 which was not complied

                   within the stipulated time.
          Patna High Court MJC No.2302 of 2025(3) dt.25-02-2026
                                                      2/2




                                 3. For the reasons mentioned in the modification

                    application, the same is allowed and the time granted for

                    removal of defects as pointed out in M.J.C. No. 2117 of 2019 is

                    extended by four weeks from today.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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