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Patna High Court

Saryug MahtonversusLukho Devi and Ors

Decided
Disposal
WITHDRAWN

Holding

The miscellaneous application was dismissed as infructuous.

Summary

The appellant, Saryug Mahton, filed a miscellaneous application seeking permission to withdraw the application after the underlying claim case had already been disposed of. The appellant's counsel argued that there was no longer any issue to be adjudicated. The court considered whether the application remained viable after the disposal of the main suit. Finding that the purpose of the application could no longer be fulfilled, the court held the application to be infructuous. Consequently, the court dismissed the miscellaneous application.

Issues considered

  • What is the appropriate disposition of a miscellaneous application when the substantive claim has already been disposed of?

Subjects

  • miscellaneous application
  • withdrawal
  • infructuous
  • procedural law
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.101 of 2016
                 ======================================================
                 Saryug Mahton, Son of Late Achambhi Mahto, Resident of Village Sanha
                 Naya Tola, Police Station Sahebpur Kamal, District Begusarai.

                                                                              ... ... Appellant/s
                                                   Versus

           1.    Lukho Devi, Wife of Late Cheddi Mahto
           2.    Arun Kumar
           3.    Anil Kumar
           4.    Sunil Kumar
           5.    Shankar Kumar
           6.    Pandav, all Sons of Late Chhedi Mahto, all residents of Village - Sanha Naya
                 Tola, P.O. Bakladda Ahmadganj Police Station Sahebpur Kamal, District
                 Begusarai.
           7.    Mukesh Mahto
           8.    Kauslendra Mahto @ Sone Lal
           9.    Hare Ram Mahto
           10. Anil Mahto, all Sons of Saryug Mahton All residents of Village - Sanha
                 Naya Tola, Police Station Sahebpur Kamal, District - Begusarai.

                                                                            ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Viveka Nand Singh, Adv.
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

8   01-05-2026                    Mr. Viveka Nand Singh, learned Advocate for the

                   appellant, on instruction(s), submits that since the claim case

                   has already been disposed of and, as such, he seeks permission

                   to withdraw the present miscellaneous application.

                                  2. In view of the aforesaid submission, the present
          Patna High Court MA No.101 of 2016(8) dt.01-05-2026
                                                      2/2




                    miscellaneous application is dismissed as having become

                    infructuous.



                                                (Harish Kumar, J)
rohit/-

U


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