Mohammad Amir Sahani v. Mohammad Imroz Warsi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.15 of 2021 ====================================================== Mohammad Amir Sahani Son of Mohammad Munir Marhum, Village and Post - Hathauda, P.S. - Hussainganj, Dist. - Siwan, Bihar. ... ... Petitioner

Versus

1.

Mohammad Imroz Warsi Son of Md. Safir Alias Punnu, Resident of Village and Post Hathauda, P.S. Hussainganj, Dist. - Siwan, Bihar. 2.

Robab Fatima, W/o Mohammad Shadab, Resident of Village and Post Hathauda, P.S. Hussainganj, Dist. - Siwan, Bihar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Kumari Shalini, Advocate :

Mr. Vishal Vikram Rana, Advocate For the Opposite Parties :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-04-2023 This Civil Revision application has been filed against the order dated 09.01.2021, passed by the Sub-Judge-XII, Siwan, in Title Suit No. 1346 of 2018, whereby injunction petition dated 04.11.2020 has been rejected.

Against such order, proper remedy is Miscellaneous Appeal before the appropriate forum, since the suit value is Rs. 1,90,000/- (One Lakh Ninty Thousand), therefore, the Miscellaneous Appeal should lie before the concerned District Judge.

Learned counsel for the petitioner seeks permission to withdraw this application with a liberty to file a Miscellaneous Appeal before the appropriate forum.

Patna High Court C.R. No.15 of 2021(8) dt.17-04-2023 2/2 Permission is granted.

Period consumed during the pendency of this application shall be excluded when the limitation matter is considered.

Accordingly, this Civil Revision application is dismissed as withdrawn.

(Khatim Reza, J) shanu/- U