Patna High Court
Harendra Kumar @ H.K NiralaversusRita Kumari
- Decided
- Disposal
- DISPOSED
Holding
The High Court granted permission to withdraw the appeal, with liberty to file an appropriate petition thereafter.
Summary
The appellant, Harendra Kumar, filed a miscellaneous appeal before the Patna High Court challenging a decision of a lower court. During the hearing, the appellant’s counsel sought the Court’s permission to withdraw the appeal and to be allowed to file an appropriate petition thereafter. The Court considered whether it could grant such permission under procedural law. It held that the appellant could be permitted to withdraw the appeal, subject to the liberty to file a suitable petition in the future. Accordingly, the Court granted the request, dismissed the appeal as withdrawn, and allowed the appellant to pursue a fresh petition if desired.
Issues considered
- Whether the High Court may grant permission to withdraw an appeal pending before it
Subjects
- appeal withdrawal
- permission to withdraw
- civil procedure
- high court jurisdiction
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.329 of 2023
======================================================
Harendra Kumar @ H.K Nirala Son of Late Chhotan Rajak, Resident of
village- Ratanpura, P.O. - Dariyapurt, P.S. - Islampur, District - Nalanda.
... ... Appellant/s
Versus
Rita Kumari D/o Late Kanhai Lal, Resident of Mirjabanki Chawanni Ki Gali,
Patna City, P.O. - Marufganj, P.S. - Malsalami, District- Patna at present
residing at Mohalla C/o Vijay Sharma, Village - Jakariyapur Road, Krishna
Niketan, Ganesh Dutt Colony, P.S. - Ram Krishna Nagar, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dinu Kumar, Advocate
Mr. Vardaan Mangalam, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NANI TAGIA)
4 17-04-2026 Learned counsel for the appellant seeks permission
to withdraw the instant appeal with a liberty to file appropriate
petition.
2. Permission is granted.
3. As such, the instant appeal is dismissed on
withdrawn with liberty to the appellant to file appropriate
petition.
(Nani Tagia, J)
(Alok Kumar Pandey, J)
Amrendra/-
U
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