Rajendra Mohan Kanth And ORS v. Arun Kumar Kanth And ORS

Patna High Court CWJC No.18365 of 2015 (3) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18365 of 2015 ====================================================== Rajendra Mohan Kanth & Ors .... .... Petitioner/s

Versus

Arun Kumar Kanth & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Rajesh Kumar- Gp19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 24-08-2016 After some arguments, learned counsel for the petitioners submitted that by the impugned order, the partition suit has been finally disposed of as the court below confirmed the Pleader Commissioner's report after rejecting the petitioners' objection to the Pleader Commissioner's report. Therefore, he seeks permission to withdraw this writ application with liberty to file appeal against the decree.

So far this submission is concerned, the learned counsel for the respondents is not disputing the fact that the suit has been disposed of.

In view of the above, the petitioners are permitted to withdraw this writ application with liberty to file appeal before appropriate forum. Accordingly, this writ application is dismissed as withdrawn with the aforesaid liberty.

brajesh/- (Mungeshwar Sahoo, J) U