Ramanad Prasad v. Yogendra Thakur

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1569 of 2017 ====================================================== Ramanad Prasad Son of Ram Ekbal Prasad, Resident of Mohallah- Janki Sthan, Riga Road Ward No. 1, old and new-2, P.S. Distt- Sitamarhi. ... ... Petitioner/s

Versus

Yogendra Thakur Son of Late Kodai Thakur, Resident of Village- Sirahi, P.S.- Riga, Distt.- Sitamarhi, At present resident of Village- Sitamarhi, Ward No. 1, P.S. Distt.- Sitamarhi.

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2025 The petitioner has filed the present case against the order dated 17.07.2017 passed by learned Munsif, Sadar, Sitamarhi in Title Suit No. 63 of 2015, whereby and whereunder the suit of the plaintiff/petitioner was dismissed for nonappearance of the plaintiff. Against such order there is specific provision in the Code of Civil Procedure. Apparently, the present petition filed under Article 227 of the Constitution is not maintainable.

2. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to take appropriate steps before the appropriate forum permissible under law.

Patna High Court C.Misc. No.1569 of 2017(3) dt.28-01-2025 2/2

3. Prayer is allowed.

4. Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid.

(Arun Kumar Jha, J) DKS/- U