Binod Kumar Byahut v. Jagarnath Prasad

Patna High Court FA No.69 of 2017 (4) dt.04-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.69 of 2017 ====================================================== Binod Kumar Byahut .... .... Appellant/s

Versus

Jagarnath Prasad .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anant Kumar Bhaskar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04.10.2017 Learned counsel for appellant has pointed out that suit was valued of Rs 10 lakh and similarly, appeal value is Rs 10 lakh and, therefore, appellant wants to withdraw his memo of appeal with liberty to file appeal before appropriate forum.

In view of the aforesaid submission, this appeal stands disposed of as withdrawn giving liberty to appellant to file appeal before the appropriate forum. It is made clear that if any appeal is filed by the appellant before the appropriate forum, the concerned court shall exclude the period spent before this court at the time of reckoning period of limitation.

shahid (Hemant Kumar Srivastava, J) U