Mohan Prasad v. Shyam Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.194 of 1985 ====================================================== Mohan Prasad .... .... Appellant/s

Versus

Shyam Devi & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kundan Bahadur Singh For the Respondent/s : Mr. Amarendra Bihari Sharan Mr. Kumar Brajendra Nr.Nath Mr. Manojeshwar Pd.Sinha Mr. Ratan Kr.Sinha Mr. Raju Giri Mr. Ved Prakash Srivastava Mr. Mahesh Narayan Parbat ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-01-2016 The First Appeal has been listed under the heading to be mentioned at the instance of the learned counsel for the appellant.

The learned counsel, Mr. Kundan Bahadur Singh, appearing on behalf of the appellant seeks permission to withdrawn this First Appeal on the ground that the parties have compromised their dispute in the final decree proceeding in the Court below but it is not being recorded because of the pendency of this First Appeal arising out of the preliminary decree and the lower Court record is pending before the High Court. The learned counsel, Mr. Manjeshwary Prasad Sinha appearing for respondent No.1 series has got no objection.

Patna High Court FA No.194 of 1985 (17) dt.12-01-2016 2/2 In view of the submission of the learned counsel for the appellant, the appellants are permitted to withdraw this First Appeal unconditionally. Thus, this First Appeal is dismissed as withdrawn.

The office is directed to send back the lower Court record to the Court concerned immediately so that the compromise application, if any, filed by the parties in the final decree proceeding shall be disposed of according to law. (Mungeshwar Sahoo, J) Sanjeev/- U T