IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.55 of 2009 MD.MOJIB SAH Versus NOOR AYESHA KHATOON ----------- 05- 30.10.2009 Learned counsel for the appellant is present. The Issue referred in the order dated 8.7.2009 has since been decided by a Full Bench of this Court in Sunita Kumari Vs. Prem Kumar, reported in 2009(3) P.L.J.R. 990. In that view of the matter, the order dated 8.7.2009 is hereby recalled. 2. According to the said judgment of the Full Bench, a miscellaneous appeal would be competent. In that view of the matter, as prayed for by learned counsel for the appellant, this appeal is permitted to be converted into a miscellaneous appeal. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/