Gauhari Begum And ORS v. Sahruddin @ Sahejazuddin And ORS

Patna High Court SA No.212 of 2002 (25) dt.20-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.212 of 2002 ====================================================== Gauhari Begum & Ors .... .... Appellant/s

Versus

Sahruddin @ Sahejazuddin & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajiv Shanker Dvivedi Mr. Shambhu Sharan Singh Mr. Binay Kumar Choubey Mr. Prem Sheela Pandey Mr. Sangeeta Sharma For the Respondent/s : Mr. R.K.Sinha-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 20-06-2017 Mr. Ranjan Kumar Dubey, learned Counsel appearing for the appellants, has prayed to withdraw this appeal. Learned Counsel appearing for respondent Nos. 1 to 9 has raised no objection to the said prayer.

However, Mr. Abbas Haider, learned Counsel appearing for respondent Nos. 19 and 20, has submitted that respondent Nos. 19 and 20 are purchasers of the suit property from the appellants during pendency of the appeal and, therefore, their rights would be prejudiced by withdrawal of the appeal.

After considering the submissions, this Court finds that respondent Nos. 19 and 20 are pendentelite purchasers of the suit property from the appellants and as such they are at liberty for redressal of their grievances, if any, in accordance with law. This Court, therefore, is inclined to allow the prayer on behalf of the appellants for withdrawal of this appeal.

This appeal is accordingly dismissed as withdrawn. Snkumar/- (V. Nath, J.) U