Patna High Court

Ajay Kumar,versusSri Ravindra Kumar

Decided: 23 March 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The Court granted permission to withdraw the appeal and dismissed it as withdrawn.

Summary

The appellants Ajay Kumar and Sarwan Kumar filed a first appeal before the Patna High Court against respondents including Ravindra Kumar, Puspalata Prasad, Vijay Kumar and Satish Kumar. During the hearing on 23-03-2026, counsel for the appellants sought the Court's permission to withdraw the appeal. The Court exercised its inherent jurisdiction to allow withdrawal of an appeal where no prejudice to the respondents is shown. It noted that the procedural rule permits a party to withdraw an appeal with the Court's leave. Consequently, the Court granted the request and ordered that the appeal stand dismissed as withdrawn.

Issues considered

Whether the Court may grant permission to the appellant to withdraw the pending appeal

Subjects

withdrawal of appeal
court discretion
civil procedure
patna high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                           FIRST APPEAL No.2 of 2023
                    ======================================================
               1.    Ajay Kumar, Son of Late Mahesh Prasad Resident of Mohalla- Kankarbagh,
                     P.S.- Kankarbagh, P.O.- Lohianagar, District- Patna.
               2.   Sarwan Kumar, Son of Late Mahesh Prasad Resident of Mohalla-
                    Kankarbagh, P.S.- Kankarbagh, P.O.- Lohianagar, District- Patna.
                                                                               ... ... Appellant/s
                                                     Versus
               1.   Sri Ravindra Kumar Son of Late Ramavtar Prasad Resident of Mohalla-
                    Mansoorganj, P.S.- Malsalami, P.O.- Begumpur, Patna City, District- Patna.
               2.   Smt. Puspalata Prasad, Wife of Sri Sheo Kumar Prasad Resident of Mohalla-
                    104, Hanuman Nagar (Kankarbagh), P.S.- Patrakarnagar, P.O.- Lohianagar,
                    District- Patna.
               3.   Sri Vijay Kumar, Son of Mahesh Prasad Resident of Mohalla- Kankarbagh,
                    P.S.- Kankarbagh, P.O.- Lohianagar, District- Patna.
               4.    Sri Satish Kumar, Son of Mahesh Prasad Resident of Mohalla- Kankarbagh,
                     P.S.- Kankarbagh, P.O.- Lohianagar, District- Patna.
                                                                          ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant/s    :      Mr. Ajay Kumar, Advocate
                    For the Respondent/s   :      Mr.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                    MISHRA
                                          ORAL ORDER

8   23-03-2026                    Mr. Ajay Kumar, learned counsel for the appellants

                      seeks permission of the Court to withdraw the present appeal.

                                  2. Permission is accorded.

                                  3. Accordingly, the present appeal stands dismissed as

                      withdrawn.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U

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