Dr. Amarendra Roy Chaudhary v. Sri Lalit Mohan Roy Chaudhary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1529 of 2014 =========================================================== Dr. Amarendra Roy Chaudhary .... .... Petitioner/s

Versus

Sri Lalit Mohan Roy Chaudhary & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Advocate, Mr. PARTHA SARTHY, Advocate For the Respondent no.3 : Mr. J.S.Arora, Sr. Advocate For the Respondent nos.4 &5 : Mr. Bhupendra Kumar, Advocate For the Respondent no.2 : Mr. Parijat Saurav, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 30-04-2018 This application has been filed by the plaintiff of Title Suit No.221 of 1996 for setting aside the order dated 02.12.2013 whereby the learned Sub Judge-III, Buxar allowed the petition of the plaintiffs and recalled the defendant's witness Prabhunath Rai for his further cross-examination.

2. Heard learned counsel for the petitioner and the respondents.

3. The respondent in their counter affidavit has stated that in order to expedite the disposal of the suit, the respondents has forgone his right to cross-examine the said witness. The respondents according proceeded with the suit and after hearing argument, the case has been fixed for judgment on 18.05.2018 as per order dated 20.04.2018. The learned counsel for the petitioner does not dispute

Patna High Court CWJC No.1529 of 2014 dt.30-04-2018 2/2 this fact. This application has become infructuous.

4. In view of above, this application is dismissed. (Sanjay Kumar, J) B.Kr./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.05.2018 Transmission Date 03.05.2018