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Patna High Court

Ramakant Patel @ Ramakant ChaudharyversusLaalmati Devi

Decided
Disposal
WITHDRAWN

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The appeal may be withdrawn with liberty to institute appropriate proceedings, and therefore it is disposed of as withdrawn.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 During the hearing, counsel for the appellants requested that the appeal be withdrawn and that the court grant them liberty to file an appropriate petition before a suitable authority.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allowed the request, granting liberty to the appellants to approach the appropriate forum and disposed of the appeal as withdrawn.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  • Whether an appeal filed against a civil court order can be withdrawn after filing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

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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