Patna High Court
Prabha KiranversusPrakash Bharti
- Decided
- Disposal
- WITHDRAWN
- Bench
- HARISH KUMAR
Holding
The application was dismissed as withdrawn, with liberty granted to the petitioner to file a fresh application for transfer.
Summary
The petitioner, Prabha Kiran, filed an application seeking transfer of a suit. During the hearing, the petitioner, through counsel, requested permission to withdraw the pending application and to file a fresh one for the same relief. The court considered whether such a withdrawal with liberty to re‑file was permissible under procedural law. No substantive merits of the transfer request were examined. The judge ordered that the present application be dismissed as withdrawn, granting the petitioner liberty to file a fresh application for transfer. No further orders were made.
Issues considered
- Whether the petitioner may withdraw the pending application and be granted liberty to file a fresh application for transfer
Subjects
- withdrawal of application
- transfer of suit
- procedural law
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.521 of 2023
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Prabha Kiran Wife of Prakash Bharti, D/o Hira Prasad Singh Resident of
Village-Mohalla Ward No-10 Chakbandi Road Behind Gayatri Mandir
Brabham P.S.-Bhabua. District-Kaimur at Bhabua.
... ... Petitioner/s
Versus
1 Prakash Bharti S/o Kameshwar Singh R/o Mohalla House no 34 Engineer
Colony Ram Nagari ashiyan Nagar P.S.-Rajiv Nagar District-Patna At
Present C/o-Bikash Das A.G.M. P.N.B. Branch-N.C.C. Office Ganesh Puri
Nayan Pur Gouhati Assam
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 09-01-2026 At the outset, learned Advocate for the petitioner, on
instruction, seeks permission to withdraw the present
application with liberty to file a fresh application for transfer.
2. In view thereof, the present application stands
dismissed as withdrawn with the liberty aforesaid.
(Harish Kumar, J)
Anjani/-
U
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