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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 Accordingly, the Court granted the request, dismissed the appeal as withdrawn, and allowed the appellant to pursue a fresh petition if desired.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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