IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.26 of 2009 DR.VIVEKANAND SHARMA Versus SMT.MANORMA RAI @ AMRITA ----------- 10 13-10-2009 Heard learned counsel for the appellant. Inspite of the case having been listed yesterday and also today with name of the counsel for the respondent appearing in the daily cause list, nobody has appeared on behalf of the respondent. Through I.A. no. 6058/2009 appellant has prayed for clarifying an order passed by this court on 01-04-2009. By that order this appeal was admitted for hearing treating to be a First Appeal. Since the issue has now been decided authoritatively by a Full Bench Judgement delivered recently, this appeal has to be described as Miscellaneous Appeal. Now the appellant should label this appeal as Miscellaneous Appeal and it shall again be listed for hearing under Order 41 Rule 11 of the Code of Civil Procedure before an appropriate Bench so that, if possible, as Miscellaneous Appeal this matter may be finally disposed of. So far as interim order passed on 1-4-2009 is concerned, it is clarified that further proceeding in Miscellaneous case no. 16/2008 pending in the court of Principal Judge, Family Court, Muzaffarpur shall remain stayed on the condition that appellant shall pay 50% of the arrears as outstanding on 1-4-2009. Realization of the rest of the arrears shall remain stayed. Similarly he shall continue to pay 50% of the further monthly maintenance 2 amount until final order is passed in this case. Learned counsel is permitted to correct the description of the appeal in course of the day. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)