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Patna High Court

Yamuna SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the withdrawal of the intra‑court appeal and dismissed it as withdrawn, granting liberty to pursue the pending title suit.

Summary

The appellant Yamuna Singh filed an intra‑court appeal (LPA No.626 of 2023) against the order dated 29‑03‑2023 in CWJC No.9536 of 2022. The appellant sought the Court’s permission to withdraw the appeal and instead pursue a pending title suit (No. 729 of 2022) before the Sub‑Judge, Sasaram. The learned counsel argued that withdrawal would not prejudice the parties and that the title suit should be decided expeditiously. The Court, after hearing, granted permission to withdraw the appeal, directing that the appeal stand dismissed as withdrawn and that the lower court expedite the title suit. The order also disposed of any pending applications.

Issues considered

  • Whether an intra‑court appeal may be withdrawn with liberty to continue a pending title suit
  • Whether the court can direct the lower court to expedite the pending title suit

Subjects

  • intra‑court appeal
  • withdrawal of appeal
  • title suit
  • civil writ jurisdiction
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.626 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.9536 of 2022
                 ======================================================
                 Yamuna Singh Son of Late Ganeshi Singh Resident of Village-Prayag Bigha,
                 Southern Tola, Ward No. 1, P.O. and P.S. Dalmiyanagar, District-Rohtas
                                                                            ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar Through the Principal Secretary, Department of Revenue
                  and Land Reforms, Government of Bihar, Patna
           2.    The Commissioner Patna Division, Patna
           3.    The Land Reforms Deputy Collector Dehri, District- Rohtas
           4.    The Circle Officer Dehri, District-Rohtas
           5.    Basudev Saw Son of Late Ram Kisun Saw Residents of Village-Prayag
                 Bigha, Southern Tola, Ward No. 1, P.O. and P.S.-Dalmiyanagar, District-
                 Rohtas
           6.    Sanjay Saw Son of Late Kamaldeo Saw Residents of Village-Prayag Bigha,
                 Southern Tola, Ward No. 1, P.O. and P.S.-Dalmiyanagar, District-Rohtas
           7.    Rajesh Saw @ Guddu Saw Son of Late Ram Kisun Saw Residents of
                 Village-Prayag Bigha, Southern Tola, Ward No. 1, P.O. and P.S.-
                 Dalmiyanagar, District-Rohtas
           8.    Gorakh Saw Son of Basudev Saw Residents of Village-Prayag Bigha,
                 Southern Tola, Ward No. 1, P.O. and P.S.-Dalmiyanagar, District-Rohtas
           9.     Raushan Kumar @ Raushan Saw Son of Rajesh Saw @ Guddu Saw
                  Residents of Village-Prayag Bigha, Southern Tola, Ward No. 1, P.O. and
                  P.S.-Dalmiyanagar, District-Rohtas
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Gautam Kumar Yadav, Advocate
                 For the Respondent/s   :      Mr. Md. Khurshid Alam, AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

6   31-03-2026                   Heard the parties.

                                2. The present intra Court appeal has been preferred

                   against the order dated 29.03.2023 passed in C.W.J.C. No. 9536
           Patna High Court L.P.A No.626 of 2023(6) dt.31-03-2026
                                                        2/2




                     of 2022. The appellant herein was respondent No. 5 before the

                     Writ Court.

                                  3. After some argument, learned counsel for the

                     appellant seeks permission to withdraw the present appeal with

                     liberty to pursue Title Suit No. 729 of 2022 which is pending for

                     consideration before the Court of learned Sub Judge, Sasaram,

                     Rohtas.

                                  4. Permission is accorded.

                                  5. Accordingly, the present appeal stands dismissed as

                     withdrawn with the aforesaid liberty.

                                  6. It goes without saying that the Court below shall

                     take all necessary steps for expeditious disposal of the said Title

                     Suit.

                                  7. Pending application(s), if any, shall also stand

                     disposed of.



                                                  (Sudhir Singh, J)


                                                (Shailendra Singh, J)
Sachin/-

U


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