NARENDRA KUMAR Vs. SUJATA DEVI

JUDGEMENT

(1.) Both the above stated miscellaneous appeals have arisen out of common judgment dated 12.8.2004 passed by Principal Judge, Fam-ily Court, Patna in Misc. Case No. 9 of 1994 and Misc. Case No. 10 of 1994 by which and whereunder Misc. Case No. 9 of 1994 filed by the respondent- Sujata Devi was allowed and her maintenance allowance was en-hanced from Rs. 700/- to Rs. 1000/- per month from the date of above stated judgment and maintenance allowance granted to the son of the respondent- Sujata Devi was stopped as he had already attained the age of majority whereas Misc. Case No. 10 of 1994 filed by the appellant was dismissed on con-test.

(2.) We have already heard learned coun-sels for the parties on the points of admis-sion and limitation petition i.e. I.A. No. 725 of 2007 and in our opinion both the above stated miscellaneous appeals and I.A. No. 725 of 2007 may be disposed of at admis-sion stage itself. Since both the above stated miscellaneous appeals have been preferred against the common judgment dated 12. 8.2004, the said miscellaneous appeals are being disposed of by this common order.

(3.) Though, there is delay in filing of above stated Miscellaneous Appeals but admittedly, earlier appellant -husband had filed Miscel-laneous Appeal No. 364 of 2004 and Mis-cellaneous Appeal No. 365 of 2004 against the impugned judgment dated 12.8.2004 but subsequently, he was permitted to withdraw those appeals by this court vide order dated 10.1.2007 and, thereafter, he preferred First Appeals and the said appeals were converted into the instant Miscellaneous Appeals. Therefore, in view of the aforesaid facts, the delay is condoned and accordingly, the I.A. No. 725 of 2007 stands disposed of.