Patna High Court

Saidullah @ Md. Saidullah @ SikandarversusMd. Kalimullah and Ors

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

Permission to withdraw the petition was granted and the application was dismissed as withdrawn.

Summary

The petitioner, Saidullah, filed a civil miscellaneous application seeking to withdraw his earlier petition and obtain liberty to file a fresh petition before the trial court. The petitioner argued that withdrawal was necessary and requested the court's permission for a fresh filing. The court considered the request and, without detailed reasoning, granted the petitioner's prayer. Consequently, the court permitted the withdrawal of the original petition. The present application was dismissed as withdrawn, allowing the petitioner to approach the trial court with a new petition.

Issues considered

Whether the petitioner may be permitted to withdraw the pending petition and file a fresh petition before the trial court

Subjects

withdrawal of petition
civil miscellaneous application
procedure
trial court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.2040 of 2017
                 ======================================================
                 Saidullah @ Md. Saidullah @ Sikandar Son of Late Mohamdin Mian,
                 Resident of Village- Belwatiya Sukul Pakar, P.O.- Sukul Pakar, P.S.- Sugauli,
                 District- East Champaran.                                 ... ... Petitioner/s
                                                   Versus
            1.    Md. Kalimullah and Ors Son of Late Mohamdin Mian,
            2.   Safiullah,
            3.   Md. Ajajullah,
            4.   Ubaidullah,
            5.   Md. Noor Alam, All are sons of Late Mohamdin Mian,
            6.    Md. Murad Alam, Son of Md. Kalimullah, All are residents of Village-
                  Belwatiya Sukul Pakar, P.O.- Sukul Pakar, P.S.- Sugauli, District- East
                  Champaran.
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vijay Shankar Shrivastava
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   09-01-2026                 After making some argument, learned counsel for the

                   petitioner submits that he wants to withdraw this petition and

                   seeks liberty to file a fresh petition before the Trial Court in

                   accordance with law.

                               2. Permission is accorded.

                               3. Accordingly, the the present Civil Miscellaneous

                   application stands dismissed as withdrawn.



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

U

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