Durool Uloom Fadaiya Khanqah Samarquandiya v. Smt. Premsheela Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3033 of 2016 ====================================================== Durool Uloom Fadaiya Khanqah Samarquandiya Son of Md. Jan Khan Resident of Mohalla- Rahmganj, Faizullah Khan town P.s Laherisarai, District Darbhanga.

... ... Petitioner/s

Versus

Smt. Premsheela Devi W/o Sri Ram Babu Prasad R/o Mohalla- Rahmganj, P.s laherisarai,District Darbhanga.

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2023 The present writ petition has been filed seeking the following relief:- "1. That the instant writ application is directed against the order dated 20.1.2016 passed in title Suit No. 370/2012 by the learned Court of Sub-Judge 1st, Darbhanga whereby and whereunder the petition given by the Respondent / Plaintiff to delete the name of the defendant no. 2 since at the time of filing the suit, she did not know the death of defendant no. 2 was accepted by the Court."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law

Patna High Court CWJC No.3033 of 2016(2) dt.28-03-2023 2/2 including that of filing appropriate petition before the learned Court below in the pending suit. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U