Patna High Court
Abhishek KumarversusAwadhesh Kumar Mahto
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
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Permission to withdraw the present application was granted, the application was dismissed as withdrawn, and the delay in filing a fresh application was condoned.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 The Court, after hearing counsel, granted the permission, dismissed the present application as withdrawn, and allowed the appellants liberty to file a fresh application under the correct provision.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
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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
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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
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Appearance :
For the Appellant/s : Mr. Sachin Raj, Advocate
For the Respondent/s : Mr.
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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
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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/-
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