Manish Kumari v. Shashi Bhushan Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.195 of 2023 ====================================================== Manish Kumar, aged about 48 years, Male, Son of Indu Bhushan Prasad, R/o Village & Post-Karmawa, via-Kundawa Chainpur, P.S.-Dhaka, District-East Champaran at present Address Mohalla-R.K. Puram, Road No.-04, Bela Road, Bela, Ward No.-48, Post-Ramna, Mithanpura, Muzaffarpur ... ... Appellant

Versus

Shashi Bhushan Prasad & Ors.

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Pravin Kumar, Advocate For the Respondents :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-07-2023 Today, this matter has been listed under the heading for "To Be Mentioned" at the instance of the appellant.

2. Learned counsel for the appellant submits that the suit value and appeal value is Rs. 1,95,000/- which is less than Rs. 10,0000/- and pecuniary jurisdiction under the miscellaneous appeal lies before the District Judge, therefore, he wants to withdraw this appeal.

3. Considering the above submissions made by the counsel for the appellant, the present Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file Miscellaneous Appeal before the appropriate forum.

4. The Court below shall take into consideration the period consumed in this Court due to pendency of this appeal. (Khatim Reza, J) Gaurav Kumar/- U