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Patna High Court

Abhishek KumarversusAwadhesh Kumar Mahto

Decided
Disposal
WITHDRAWN

Holding

Permission to withdraw the present application was granted, the application was dismissed as withdrawn, and the delay in filing a fresh application was condoned.

Summary

The appellants, a group of individuals, filed an application before the Patna High Court which was later found to be filed under an incorrect provision. They sought the Court’s permission to withdraw that application and to file a fresh one, also requesting condonation of the delay incurred. The Court, after hearing counsel, granted the permission, dismissed the present application as withdrawn, and allowed the appellants liberty to file a fresh application under the correct provision. The Court also ordered that any delay in filing the fresh application be condoned, noting that the appellants were actively pursuing their remedy. The order directed the office to provide relevant documents as required by the appellants’ counsel.

Issues considered

  • Whether the Court can permit withdrawal of an application filed under an incorrect provision
  • Whether the Court can condone delay in filing a fresh application

Subjects

  • procedural law
  • withdrawal of application
  • condonation of delay
  • civil procedure
  • fresh application

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            FIRST APPEAL No.11 of 2026
     ======================================================
1.    Abhishek Kumar Son of Shri Nageshwar Prasad, resident of Mohalla Adarsh
      Colony, Purbi Indira Nagar, Kankarbagh, District- Patna - 800020.
2.   Prakash Kumar Son of Shri Gita Singh, resident of village- Shekhopur Dih,
     P.O. - Nimi, P.S.- Shekhopur Sarai, District- Sheikhpura.
3.   Vinay Kumar, Son of Shri Gita Singh, resident of village- Shekhopur Dih,
     P.O. - Nimi, P.S.- Shekhopur Sarai, District- Sheikhpura.
4.   Jay Mangal Singh, Son of Late Mahavir Singh, at resident of village-
     Makanpur, P.O.- Babipur, P.S. Hilsa, Nalanda.
5.   Shashi Bhushan Sharma, Son of Late Nand Kishore Sharma, Resident of
     village and P.O.- Khartuwa, P.S. Harnaut, District- Nalanda.
6.   Dhananjay Kumar, Son of Shri Balmiki Sharma, Resident of village and
     P.O.- Khartuwa, P.S. Harnaut, District- Nalanda.
7.   Bhagwan Prasad Upadhyay, Son of Late Tunardeo Sharma, Resident of
     village and P.O.- Khartuwa, P.S. Harnaut, District- Nalanda.
8.   Suresh Prasad, Son of Late Paras Nath Sharma, resident of village-
     Dariyapur, P.O.- Khirauti, P.S. Parwalpur, District- Nalanda.
9.   Dharamshila Devi, Wife of Sri Anugrah Narayan Sharma, Resident of
     village and P.O. - Poari, P.S. Harnaut, District- Nalanda.
10. Sarita Kumari, Wife of Sri Mukesh Kumar, Resident of village and P.O. -
    Poari, P.S. Harnaut, District- Nalanda.
11. Sunita Kumari, Wife of Sri Ranjeet, Resident of village and P.O. - Poari, P.S.
    Harnaut, District- Nalanda.
12. Gita Kumari, Wife of Sri Sujeet Prasad Singh, Resident of village and P.O. -
    Poari, P.S. Harnaut, District- Nalanda.
13. Dipak Kumar, Son of Shri Rajeshwari Prasad Singh, Resident of village and
    P.O. - Poari, P.S. Harnaut, District- Nalanda.
14. Bibha Devi, Wife of Dharmendra Kumar, Resident of village and P.O. -
    Poari, P.S. Harnaut, District- Nalanda.

                                                                 ... ... Appellant/s
                                        Versus

1.   Awadhesh Kumar Mahto Son of Late Bikau Mahto, Resident of Mohalla-
     Bari Pahari, P.O. - Bari Pahari, P.S. Agamkuan, District- Patna.
2.   Most. Sudamia Devi, Wife of Late Babu Lal Mahto, Resident of Mohalla-
     Bari Pahari, P.O. - Bari Pahari, P.S. Agamkuan, District- Patna.
3.   Arun Mahto, Son of Late Babu Lal Mahto, resident of Mohalla- Bari Pahari,
     P.O.- Bari Pahari, P.S.- Agamkuan, District- Patna.
4.   Pappu Mahto, Son of Late Babu Lal Mahto, resident of Mohalla- Bari
     Pahari, P.O.- Bari Pahari, P.S.- Agamkuan, District- Patna.
5.   Indrajeet Mahto, Son of Late Babu Lal Mahto, resident of Mohalla- Bari
         Patna High Court FA No.11 of 2026(3) dt.21-04-2026
                                                      2/3




                 Pahari, P.O.- Bari Pahari, P.S.- Agamkuan, District- Patna.
           6.    Rajiv Ranjan @ Raju, Son of Late Janardan Singh, resident of Mohalla-
                 Mohit Narayan Singh Lane, West Lohanipur, P.S. Kadamkuan, District
                 Patna.
           7.    Rajesh Ranjan @ Viru, Son of Late Janardan Singh, resident of Mohalla-
                 Mohit Narayan Singh Lane, West Lohanipur, P.S. Kadamkuan, District
                 Patna.
           8.    Krishna Ranjan @ Shiru, Son of Late Janardan Singh, resident of Mohalla-
                 Mohit Narayan Singh Lane, West Lohanipur, P.S. Kadamkuan, District
                 Patna.
           9.    Niru Singh, daughter of Late Janardan Singh, resident of Mohalla-Mohit
                 Narayan Singh Lane, West Lohanipur, P.S. Kadamkuan, District Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Sachin Raj, Advocate
                 For the Respondent/s     :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   21-04-2026                      Learned counsel for the appellants seek permission

                   of this Hon’ble Court to withdraw the present application, with

                   liberty to file fresh application under the correct provision. He

                   further prays that the delay in filing the said application may be

                   condoned, as the appellant was pursuing her remedy before this

                   Court.

                                    2.        Permission, as prayed for, is accorded.

                                    3.        Accordingly, the present application is

                   dismissed as withdrawn with liberty to the appellants to file

                   fresh application under the correct provision. The delay, if any,

                   in filing the said application shall stand condoned, as the

                   appellant was pursuing her remedy before this Court in the
           Patna High Court FA No.11 of 2026(3) dt.21-04-2026
                                                        3/3




                     present proceedings.

                                      4. Office is directed to provide the relevant

                     documents enclosed in this case, as per requirement of learned

                     counsel for the appellant.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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