Alakha Niranjan Ram And ANR v. Most. Ram Sigari Kuwar And ORS

Patna High Court CWJC No.19268 of 2015 (2) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19268 of 2015 ====================================================== Alakha Niranjan Ram & Anr .... .... Petitioner/s

Versus

Most. Ram Sigari Kuwar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Pandey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-06-2016 Learned counsel, Mr. Om Prakash Pandey, appearing for the petitioners submitted that, in fact, by mistake this writ application has been filed instead of filing miscellaneous appeal under Order 43 Rule 1 C.P.C. as the Miscellaneous Case No. 42 of 2008 filed by the petitioners under Order 9 Rule 9 C.P.C. was dismissed, which was filed for restoration of title suit dismissed for default. Therefore, he seeks permission to withdraw this writ application with liberty to file appeal before the appropriate forum.

2.

In view of the submission, this writ application is permitted to be withdrawn with liberty to the petitioners to file appeal against the impugned order before the appropriate forum. Accordingly, with the aforesaid liberty, this writ application is dismissed as withdrawn.

(Mungeshwar Sahoo, J) brajesh/- U