Pankaj Singh And ORS v. Asha Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.18 of 2016 ====================================================== Pankaj Singh & Ors .... .... Appellant/s

Versus

Asha Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binod Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-11-2017 This First Appeal has been listed under the heading to be mentioned on the prayer of the appellants. Learned counsel appearing for the appellants submits that the appellants have filed I.A.No. 8530 of 2017 under Order 23 Rule 1 of the Civil Procedure Code for withdrawal of this appeal with liberty to file fresh suit as the aforesaid liberty has been given to the appellants by the court below in the impugned judgment dated 28.11.2015.

The petitioners preferred Title suit no. 141 of 2001 for partition of the disputed properties but the learned court below by passing the impugned judgment dated 28.11.2015 dismissed the aforesaid suit on contest due to ambiguity and vagueness as regard to the suit property but a liberty was granted to the appellants to file fresh suit after removal of ambiguity and vagueness. The appellant challenged the impunged judgment by

Patna High Court FA No.18 of 2016 (6) dt.28-11-2017 2/2 filing this appeal but they want to withdraw this appeal and file fresh suit before competent court in the light of liberty granted to them by the impugned judgment dated 28.11.2015. Accordingly, this appeal stands disposed of as withdrawn with the above stated liberty.

(Hemant Kumar Srivastava, J) N.K/- U