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Patna High Court

Karuna DeviversusSumesh Kumar Singh

Decided
Disposal
WITHDRAWN

Holding

The court held that the petitioner is entitled to withdraw the application and is granted liberty to file an appeal.

Summary

Karuna Devi, wife of Dilip Kumar Singh, filed an application before the Patna High Court in Civil Miscellaneous Jurisdiction No.1406 of 2025. The petitioner sought the Court’s permission to withdraw the pending application and to be granted liberty to file an appeal before the appropriate court. The respondents were Sumesh Kumar Singh, Neha Devi and Shashi Ranjan Singh. The sole issue before the Court was whether the petitioner could be allowed to withdraw the application and be given liberty to appeal. The Court, after hearing counsel, found no legal impediment to granting such liberty. Accordingly, the Court granted permission to withdraw the application and dismissed it as withdrawn, reserving liberty to the petitioner to file an appeal in accordance with law.

Issues considered

  • Whether the petitioner may be permitted to withdraw the application and be granted liberty to prefer an appeal before the competent court

Subjects

  • withdrawal of application
  • liberty to appeal
  • civil procedure
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.1406 of 2025
                 ======================================================
                 Karuna Devi wife of Dilip Kumar Singh and daughter of Late Jamuna Prasad
                 Singh, resident of Village Sahjadpur (Ghorpithia) P.O. and P.S. -Sahkund,
                 District - Bhagalpur (Bihar).                                ... ... Petitioner/s
                                                     Versus
            1.    Sumesh Kumar Singh son of Jaishree Singh, resident of Village - Sahjadpur
                  (Ghorpithia) P.O. and P.S. - Sahkund, District - Bhagalpur (Bihar).
            2.   Neha Devi, wife of Late Gholati Singh, resident of Village - Sahjadpur
                 (Ghorpithia) P.O. and P.S. - Sahkund, District - Bhagalpur (Bihar).
            3.    Shashi Ranjan Singh @ Shashi Bhushan Singh, son of Sri Kabindra Narayan
                  Singh, resident of Village - Sahjadpur (Ghorpithia) P.O. and P.S. - Sahkund,
                  District - Bhagalpur (Bihar).
                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Santosh Kumar Verma
                 For the Respondent/s   :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   20-01-2026                 At the outset, learned counsel for the petitioner seeks

                   permission to withdraw the present application and submits that

                   liberty may be granted to prefer an appeal before the competent

                   Court.

                               2. Permission is granted.

                               3. Accordingly, the present application stands

                   dismissed as withdrawn, with liberty reserved to the petitioner

                   to file an appeal before the Court in accordance with law.



                                             (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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