Patna High Court

Rajiv Kumar VermaversusPushpa Kumari Verma

Decided: 15 January 2026
Disposal: WITHDRAWN
Bench: NANI TAGIA SUNIL DUTTA MISHRA

Holding

The court held that the appellant may withdraw the appeal and is granted liberty to file an appropriate petition.

Summary

The appellant, Rajiv Kumar Verma, filed a miscellaneous appeal seeking leave to withdraw the appeal and obtain liberty to file a fresh petition challenging the same order. The respondent, Pushpa Kumari Verma, opposed the request. The sole issue before the bench was whether the court should permit the appellant to withdraw the appeal and subsequently file a new petition. The court, after hearing counsel, granted the leave sought, allowing the appellant to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn, with liberty to file an appropriate petition.

Issues considered

Whether the appellant is entitled to withdraw the appeal and be granted liberty to file a fresh petition challenging the same order

Subjects

appeal withdrawal
procedural law
civil procedure
leave of court
petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Miscellaneous Appeal No.161 of 2020
                 ======================================================
                 Rajiv Kumar Verma Son of Sita Ram Verma, Resident of Mohalla-Sahiganj,
                 P.S. Bihar District Nalanda.
                                                                              ... ... Appellant/s
                                                    Versus
                 Pushpa Kumari Verma Wife of Rajiv Kumar Verma, Daughter of Prakash
                 Prasad Verma Resident of Mohalla-Sahiganj, P.S. Bihar, District Nalanda At
                 Present resident of Mohalla Alamganj, P.S. BIhar District Nalanda.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Pankaj Kumar
                 For the Respondent/s   :       Mr. Gaurav Kumar Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
                         and
                         HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE NANI TAGIA)

5   15-01-2026                   Learned counsel for the appellant seeks leave of this

                   Court to withdraw the present appeal with a liberty to file

                   appropriate petition challenging the order which is under

                   challenge in the present appeal.

                                2. Leave, as sought for by the appellant, is granted.

                                3. In view of the above, the present appeal is

                   dismissed as withdrawn with above mentioned liberty to the

                   appellant.


                                                           (Nani Tagia, J)


                                                    (Sunil Dutta Mishra, J)
Amrendra/-

U

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