Patna High Court
Prabhat Sharma @ Prabhat KumarversusPushpa Kumari
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is dismissed as withdrawn.
Summary
The appellant, Prabhat Sharma, informed the court that he no longer wishes to pursue the appeal against the decree of the lower court. Accordingly, the learned counsel submitted a request for withdrawal of the appeal. The Court accepted the submission and ordered that the appeal be dismissed as withdrawn. It further directed that the records of the lower court be returned to the trial court. No substantive merits of the dispute were examined as the proceeding was terminated on procedural grounds.
Issues considered
- Whether an appeal can be dismissed as withdrawn upon the appellant's request
Subjects
- appeal withdrawal
- procedural dismissal
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No. 412 of 2022
======================================================
Prabhat Sharma @ Prabhat Kumar S/o Awadh Bihari Sharma R/o Village-
Barka Gaon, Tola Mishrawaliya, P.S.-Bhagwanpur, District-Siwan, At Present
residing at A1/346 C First Floor Madhu Bihar, Uttam Nagar, West Delhi-
110059
... ... Appellant/s
Versus
Pushpa Kumari W/o Prabhat Sharma, D/o Suryadeo Thakur, R/o Village-
Barka Gaon, Tola-Mishrawaliya, P.S.-Bhagwanpur, District-Siwan, At Present
R/o Mohalla-Shanti Nagar, Chapra, P.S.-Chapra, District-Saran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Udit Narayan Singh
For the Respondent/s : Mr.Sarva Deo Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
8 13-03-2026 Heard the parties.
2. It is submitted by learned advocate on behalf of
appellant on instructions that the appellant does not want to
proceed with the instant appeal.
3. In view of such submission, the instant appeal be
dismissed as withdrawn.
4. Lower court records, be returned to the learned trial
court below.
(Bibek Chaudhuri, J)
( Chandra Shekhar Jha, J)
Sudha/-
S.Tripathi/-
U
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