Patna High Court
Rakesh Kumar PandeyversusLal Babu Tiwary
- Decided
- Disposal
- WITHDRAWN
- Bench
- S B P SINGH
Holding
The High Court granted permission to withdraw the application and allowed the petitioner liberty to file a fresh suit.
Summary
The petitioners, Rakesh Kumar Pandey and his minor children, filed an application before the Patna High Court against members of the Tiwary family. The petitioner's counsel sought the court's permission to withdraw the pending application and to be allowed to institute a fresh suit in the appropriate lower court. The court examined whether it could grant such liberty to the petitioner. It held that the court has the authority to permit withdrawal of an application and to allow the filing of a fresh suit. Consequently, the application was dismissed as withdrawn, with liberty granted to the petitioner to file a fresh suit in accordance with law.
Issues considered
- Whether the High Court may grant permission to withdraw a pending application and allow the petitioner to file a fresh suit in the lower court
Subjects
- withdrawal of application
- fresh suit
- procedural order
- civil miscellaneous jurisdiction
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.402 of 2024
======================================================
1. Rakesh Kumar Pandey Son of Late Arun Kumar Pandey, Resident of Flat
No. 62, Ganga Tower, LCT Ghat, Police Station - Patliputra, District- Patna.
2. Aditya minor son of Rakesh Kumar Pandey, Resident of Flat No. 62, Ganga
Tower, LCT Ghat, Police Station - Patliputra, District- Patna.
3. Suhani minor daughter of Rakesh Kumar Pandey, Resident of Flat No. 62,
Ganga Tower, LCT Ghat, Police Station - Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. Lal Babu Tiwary Son of Late Shyam Bihari Tiwary, resident of village -
Sawari, Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
2. Ajay Tiwary, Son of Lal Babu Tiwary, resident of village - Sawari, Post-
Khiriaon, Police Station - Kachhwa, District - Rohtas.
3. Arun Tiwary, Son of Lal Babu Tiwary, resident of village - Sawari, Post-
Khiriaon, Police Station - Kachhwa, District - Rohtas.
4. Rama Kant Tiwary, Son of Late Shyam Bihari Tiwary, resident of village -
Sawari, Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
5. Babudhan Tiwary, Son of Late Shyam Bihari Tiwary, resident of village -
Sawari, Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
6. Mithlesh Tiwary, Son of Late Ramakant Tiwary, resident of village - Sawari,
Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
7. Mukesh Tiwary, Son of Late Ramakant Tiwary, resident of village - Sawari,
Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
8. Manish Tiwary, Son of Babudhan Tiwary, resident of village - Sawari, Post-
Khiriaon, Police Station - Kachhwa, District - Rohtas.
9. Shiva Kant Tiwary, Son of Babudhan Tiwary, resident of village - Sawari,
Post- Khiriaon, Police Station - Kachhwa, District - Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
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 file a fresh suit before the competent
Patna High Court C.Misc. No.402 of 2024(2) dt.20-01-2026
2/2
lower Court.
2. Permission is granted.
3. Accordingly, the present application stands
dismissed as withdrawn, with liberty reserved to the petitioner
to file a fresh suit before the lower Court in accordance with
law.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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