Patna High CourtC.Misc./372/2024dismissed

Smt. Sanju Devi @ Sanju Devi v. Sri Sahdeo Mahto

2024-07-30Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.372 of 2024 ====================================================== Smt. Sanju Devi @ Sanju Devi Daughter of Sri Sahdeo Mahto and Wife of Sri Bachchu Prasad, Resident of Village- Chorsua, P.S.- Giriyak, DistrictNalanda. ... ... Petitioner/s

Versus

Sri Sahdeo Mahto Son of Late Etwari Mahto, Resident of MohallaMeharpar, P.O.- Rana Bigha, P.S.- laheri, District- Nalanda. 2.

Smt. Usha Devi, Daughter of Sari Sahdeo Mahto Wife of Sri Vindeshwar Prasad, Resident of Tarokhar, P.O. Raitar, P.S.- Giriyak, District- Nalanda. 3.

Smt. Shanti Devi Daughter of Sandeep Mahto Wife of Sunil Kumar, Resident of Mohalla- Meharpur, P.O. Rana Bigha, P.S.- Laheri, DistrictNalanda. 4.

Ravishankar Kumar Son of Bhagwan Prasad. Resident of MohallaMeharpar, P.O.- Rana Bigha, District- Nalanda. 5.

Joya Kumari Daughter of Ravi Shankar Kumar, Resident of MohallaMeharpar, P.O.- Rana Bigha, District- Nalanda. 6.

Radha Kumari Daughter of Sidheshwar Prasad, Resident of Village- Jorapur, P.O.- Pachaudi, P.S.- Deepnagar, District- Nalanda. 7.

Sunil Kumar Son of Lakhan lal, Resident of Meharpur, P.O.- Rana Bigaha, P.S.- Laheri, District- Nalanda.

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

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2024 The matter has been taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The instant petition has been filed for setting aside the order dated 22.01.2024 passed in Title Suit No. 325 of 2023 by learned Sub Judge-I, Nalanda, whereby and whereunder the

Patna High Court C.Misc. No.372 of 2024(2) dt.30-07-2024 2/2 learned trial court has dismissed the case for non-prosecution.

4. Evidently, the civil miscellaneous petition is not maintainable against such an order.

5. Learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file an application before the learned trial court under Order 9 Rule 4 of the Code of Civil Procedure.

6. Permission is accorded.

7. Accordingly, the present petition is dismissed as withdrawn with liberty to file appropriate application in accordance with law.

(Arun Kumar Jha, J) DKS/- U