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Patna High Court

Raghvendra KumarversusThe State of Bihar through Collector, Jehanabad

Decided
Disposal
WITHDRAWN

Holding

The appeal was dismissed as withdrawn.

Summary

The appellants, Raghvendra Kumar and Om Prakash Sharma, filed an appeal under Order 39 Rule 2 read with Sections 94 and 151 of the Code of Civil Procedure seeking to set aside a Civil Judge's order dated 09-04-2024 that had rejected their application. The appeal was heard before Justice Rajiv Roy. The appellants, through counsel, subsequently requested withdrawal of the petition. Permission to withdraw was granted. Consequently, the court dismissed the appeal as withdrawn.

Legislation cited

Subjects

  • Civil Procedure
  • Appeal
  • Withdrawal
  • Order 39
  • Section 94
  • Section 151

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.513 of 2024
                 ======================================================
           1.     Raghvendra Kumar Son of Late Kumar Birendra Sharma, Resident of
                  Village Okari, Police Station - Ghosi, Post Office - Jaitipur, District -
                  Jehanabad.
           2.    Om Prakash Sharma Son of Late Laxmi Narayan Singh @ Laxmi Prasad
                 Singh, Resident of Village Okari, Police Station - Ghosi, Post Office -
                 Jaitipur, District - Jehanabad.

                                                                           ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar through Collector, Jehanabad Post Office and Police
                 Station - Jehanabad, District - Jehanabad.
           2.    The Director, Co-operative Officer, Jehanabad.
           3.    The Circle Officer, Modanganj, Post Office - Modanganj, Police Station -
                 Ghoshi, District - Jehanabad.
           4.    Rinki Devi, Wife of Bibhuti Sharma, Mukhiya, Okari Panchayat, Resident of
                 Village- Okari, Police Station - Ghoshi, District - Jehanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Bipin Kumar, Advocate
                 For the Respondent/s   :     Mr. Uday Shankar Sharan Singh, GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for setting aside the order dated

                                  09.04.2024, passed by the Civil Judge, (Senior

                                  Division-1), Jehanabad in Title Suit No. 90 of 2022

                                  whereby the application dated 10.01.2023 filed by

                                  the appellants under Order 39 Rule and 2 read

                                  with Section 94 and 151 of the Code of Civil
          Patna High Court MA No.513 of 2024(2) dt.30-01-2026
                                                      2/2




                                    Procedure and the same was rejected by Civil

                                    Judge (Senior Division-I), Jehanabad.”

                                 3. Learned counsel for the appellants prays for

                    withdrawal of the petition.

                                 4. Permission accorded.

                                 5. Accordingly, the present appeal stands dismissed as

                    withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U


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