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Patna High Court

Raj Kishore KumarversusSri Jai Mangal Prasad

Decided
Disposal
WITHDRAWN

Holding

Permission to withdraw the application was granted and the trial court was directed to dispose of the case within one year.

Summary

The petitioner, Raj Kishore Kumar, filed an application in the Patna High Court seeking to withdraw the pending application and to obtain a direction for the trial court to dispose of Miscellaneous Case No. 59 of 2025 expeditiously. The petitioner’s counsel requested permission for withdrawal and a time‑bound order for the trial court. The court considered whether it could grant such a withdrawal and issue a directive for speedy disposal. Finding no legal impediment, the court allowed the withdrawal of the application. Consequently, the application was dismissed as withdrawn and the trial court was directed to dispose of the case within one year.

Issues considered

  • Whether the High Court may grant permission to withdraw the pending application
  • Whether the High Court can direct the trial court to dispose of the case expeditiously

Subjects

  • withdrawal of application
  • expeditious disposal
  • civil miscellaneous jurisdiction
  • direction to trial court
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.689 of 2024
                 ======================================================
                 Raj Kishore Kumar Son of Late Mahavir Prasad Resident of House No.-226,
                 Awasthi Ghat, Tarkariya Bazar Danapur, Police Station- Danapur, District-
                 Patna, Bihar- 800012


                                                                         ... ... Petitioner/s
                                                 Versus
           1.    Sri Jai Mangal Prasad Son of Late Sheo Dhari Shah Resident of Awasthi
                 Ghat, Tarkariya Bazar Danapur, Police Station- Danapur, District- Patna,
                 Bihar- 800012
           2.    Sri Om Prakash Shah Son of Late Nandu Shah Resident of Awasthi Ghat,
                 Tarkariya Bazar Danapur, Police Station- Danapur, District- Patna, Bihar-
                 800012
           3.    Sri Dilip Kumar Son of Late Nandu Shah Resident of Awasthi Ghat,
                 Tarkariya Bazar Danapur, Police Station- Danapur, District- Patna, Bihar-
                 800012
           4.    Sri Pradeep Kumar Son of Late Nandu Shah Resident of Awasthi Ghat,
                 Tarkariya Bazar Danapur, Police Station- Danapur, District- Patna, Bihar-
                 800012


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Vikash Kumar
                 For the Respondent/s   :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   08-01-2026                 At the outset, learned counsel for the petitioner

                   seeks permission to withdraw the present application and

                   submits that a direction may be given to Trial Court for

                   expeditious disposal of Misc. Case No. 59 of 2025.

                               2. Permission is accorded.

                               3. Accordingly, the instant application is dismissed

                   as withdrawn, with a direction to the Trial Court to dispose
          Patna High Court C.Misc. No.689 of 2024(2) dt.08-01-2026
                                                       2/2




                    of Misc. Case No. 59 of 2025 expeditiously, preferably

                    within a period of one year.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U


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