Bhrigunath Pandey v. Yogendra Choubey

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.299 of 2020 ====================================================== Bhrigunath Pandey Son of Late Ganesh Pandey Resident of Village Kateya, P.S. Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

Yogendra Choubey Son of Late Thakur Choubey Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 2.

Suresh Choubey Son of Late Thakur Choubey Resident of Village- Kateya, P.O. and P.S. Kateya, District- Gopalganj.

3.

Kashinath Choubey Son of Late Thakur Choubey Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 4.

Ram Lakhan Choubey Son of Late Thakur Choubey Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 5.

Sunita Kumari Daughter of Late Thakur Choubey Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 6.

Mosmat Potna Kuer Wife of Late Thakur Choubey Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 7.

Smt. Sita Devi Wife of Jitendra Prasad Madeshiya Resident of VillageKateya, P.O. and P.S. Kateya, District- Gopalganj. 8.

Jitendra Prasad Madeshiya Son of Late Butan Madeshiya Resident of Village- Kateya, P.O. and P.S. Kateya, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Nikunj For the Respondent/s :

Mr. Sanjay Kumar Pandey No.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2022 Heard Mr. Nivin Kunj, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey No. 5, learned counsel for the respondents.

Learned counsel for the petitioner submits that by the impugned order the learned lower appellate court has arrived at the findings that the objection raised by the defendants/appellants regarding lack of pecuniary jurisdiction of

Patna High Court C.Misc. No.299 of 2020(2) dt.01-07-2022 2/2 learned trial court is a pure question of law which can be decided at the time of disposal of the main appeal. In view of the aforesaid finding, learned counsel for the petitioner seeks permission to withdraw this application. Permission is granted.

The application stands dismissed as withdrawn. However, it is observed that the learned lower appellate court may not be prejudiced by the order impugned at the time of adjudication of the appeal.

(Anil Kumar Sinha, J) perwez U