Patna High Court
Ramakant Patel @ Ramakant ChaudharyversusLaalmati Devi
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal may be withdrawn with liberty to institute appropriate proceedings, and therefore it is disposed of as withdrawn.
Summary
The appellants, three brothers, filed a petition under Order 39 CPC, Section 151 CPC and Section 39 of the Specific Relief Act seeking an injunction to prevent eviction, construction and transfer of a suit land claimed by the respondents. The Civil Judge (Junior Division) rejected the petition on 24‑07‑2025. The appellants appealed the order before the Patna High Court. During the hearing, counsel for the appellants requested that the appeal be withdrawn and that the court grant them liberty to file an appropriate petition before a suitable authority. Justice Rajiv Roy allowed the request, granting liberty to the appellants to approach the appropriate forum and disposed of the appeal as withdrawn.
Issues considered
- Whether an appeal filed against a civil court order can be withdrawn after filing
- Whether the court may grant liberty to the appellant to institute a fresh petition before the appropriate authority
Legislation cited
- Code of Civil Procedure, 1908 — s. 151
- Specific Relief Act, 1963 — s. 39
Subjects
- injunction
- specific relief
- civil procedure
- appeal withdrawal
- property dispute
- order 39 CPC
- section 151 CPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.789 of 2025
======================================================
1. Ramakant Patel @ Ramakant Chaudhary S/o Late Lal Parikhan Chaudhary,
Resident of village- Padarkhap, Tola - Shivrajpur, P.S. - Bhairoganj, District-
West Champaran.
2. Diwakar Patel, S/o Ramakant Patel @ Ramakant Chaudhary, Resident of
village- Padarkhap, Tola - Shivrajpur, P.S. - Bhairoganj, District- West
Champaran.
3. Prabhakar Patel, S/o Ramakant Patel @ Ramakant Chaudhary, Resident of
village- Padarkhap, Tola - Shivrajpur, P.S. - Bhairoganj, District- West
Champaran.
... ... Appellant/s
Versus
1. Laalmati Devi W/o Verma Mahto, Resident of village- Padarkhap, Tola -
Shivrajpur, P.S. - Bhairoganj, District- West Champaran.
2. Maina Devi, W/o Jaiprakash Patel, Resident of village- Padarkhap, Tola -
Shivrajpur, P.S. - Bhairoganj, District- West Champaran.
3. Jaiprakash Patel, S/o Lalparikhan Chaudhary, Resident of village-
Padarkhap, Tola - Shivrajpur, P.S. - Bhairoganj, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aakash Choudhary, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-02-2026 Heard the parties.
2. The present appeal has been preferred:
“against the Order dated 24.07.2025
passed by Learned Civil Judge (Junior
Division), Bagha, West Champaran in Title Suit
No.13 of 2024, whereby and whereunder the
Learned Court below has rejected the Petition
dated 26.05.2025 filed on behalf of the
Patna High Court MA No.789 of 2025(2) dt.05-02-2026
2/2
Plaintiffs/Appellants under Order 39 Rule 1 & 2
read with Section 151 of C.P.C and Section 39 of
the Specific Relief Act, 1963 for restraining the
Defendant 1st Party from evicting them from the
suit land and stopping the Defendants /
Respondents from making temporary or
permanent construction over the land in question
and also from restraining them from any type of
transfer the suit land till the final disposal of the
case.”
3. Mr. Aakash Choudhary, learned counsel for the
appellants prays for withdrawal of the appeal with liberty to file
appropriate petition before appropriate authority/court.
4. Granting said liberty, M.A. No. 789 of 2025 is
disposed of as withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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