IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12082 of 2010 1. SHAHZADI BEGUM W/O IMTEYAZ AHMAD KHAN AND D/O LATE MIRZA JANG BAHADUR @ JUGNU R/O VILL.- RAMPUR P.S. PARTAPPUR, DISTT.- CHATRA, AT PRESENT R/O AT HARAIYA TARP. P.O. OMAN SALAIA, P.S. KOTHI, DISTT.- GAYA Versus 1. BIHAR STATE SUNNI WAKF BOARD THROUGH ITS CHAIRMAN, HAJ BHAWAN, PATNA 2. CHIEF EXECUTIVE OFFICER, BIHAR STATE SUNNI WAKF BOARD, HAJ BHAWAN, PATNA 3. MIRZA SHAH BAHADUR @ BABAN S/O LATE MIRZA JANG BAHADUR R/O VILL.- RAMPUR, P.S. PRATAPPUR, DISTT.- CHATRA 4. AJADI BEGUM W/O MURSHID ALAM KHAN AND D/O LATE MIRZA JANG BAHADUR AT PRESENT RESIDENT OF NEAR HIRA MARKET, G.B.ROAD, P.S. KOTWALI, DISTT.- GAYA ----------- 2/ 21/04/2011 Heard learned counsel for the petitioner. Learned counsel for the petitioner submits that they only desire payment of maintenance/subsistence in terms of the compromise arrived at between the parties by the orders of this Court in C.W.J.C. Appeal No.392/73 and C.W.J.C. No.2064/80. A copy of the application filed on 24.6.2002 before the trial court for grant of maintenance/subsistence is on record. The Court finds that the ground presently urged to assail the order dated 17.4.2010 in light of the orders of this Court noticed above was not urged before the trial court when the impugned order came to be passed. This Court therefore finds it difficult to upset the order dated 17.4.2010 on a ground not urged and considered by the trial court. This application is therefore disposed with the observation that any fresh application on behalf of the petitioners in view of the submissions presently made with regard to grant of maintenance/subsistence is required to 2 be considered afresh in accordance with law when the order dated 17.4.2010 shall be no impediment to the same. Since the matter appears to be old, any such application, if filed by the petitioners with alertness, is expected to be disposed off expeditiously in accordance with after hearing all concerned preferably within a maximum period of four months from the date of presentation/production of a copy of such application along with a copy of this order. KC ( Navin Sinha, J.)