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Patna High CourtMA/6/2015withdrawn

The Branch Manager, New India Assurance Co. Ltd. Sasaram v. Gudiya Devi And ORS.

2023-07-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.6 of 2015 ====================================================== The Branch Manager, New India Assurance Co. Ltd., Sasaram, through the Chief Regional Manager, Regional Office, New India Assurance Co. Ltd., 6th Floor, BSFC Building, Frazer Road, Patna, Bihar. ... ... Appellant/s

Versus

1.

Gudiya Devi, wife of late Pramod Lal, 2.

Himanshu Kumar, minor son of late Pramod Lal , 3.

Rani Kumari, minor daughter of late Pramod Lal, both minors are represented through their mother and natural guardian Gudiya Devi 4.

Kalwati Devi, wife of Sri Gupteshwar Lal, All 1 to 4 are resident of Purana Dharamshala House, Station Road, Rajbhoj Gali, Purani Sabji Mandi, PO - Dalmiya Nagar, P.S- Dehri , Distt- Rohtas at Sasaram 5.

Sri Dhruv Narayan Singh, son of late Lalit Singh, resident of P-2R, 22/33 Gandhi Naraiya, Varanasi, U.P- 2210031 (Owner of the Vehicle) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raj Kumar Singh Vikram, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-07-2023 The case has come under the heading "To Be Mentioned" at the instance of the appellant.

2. Learned counsel for the appellant submits that this appeal has become infructuous as the entire awarded amount has been paid on 08.05.2023 vide Cheque No. 834359 in Execution Case No. 04 of 2014. Accordingly, learned counsel for the appellants wants to withdraw this Miscellaneous Appeal.

3. In the aforesaid background, this appeal is dismissed as withdrawn having become infructuous.

Patna High Court MA No.6 of 2015(7) dt.17-07-2023 2/2

4. Office is directed to return the statutory amount to the appellant which was deposited at the time of filing of this appeal.

(Khatim Reza, J) J. Alam/- U