Diwakar Manjhi And ANR v. Ram Kishun Ravidas And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.20 of 2018 ======================================================

1. Diwakar Manjhi and Anr son of Raju Manjhi

2. Raju Manjhi, son of Late Jhigan Manjhi, Both residents of Village- Bauri, P.S.- Kashichak, District- Nawadah.

... ... Appellant/s

Versus

1. Ram Kishun Ravidas and Ors

2. Chandu Ravidas

3. Rajendra Ravidas All sons of Late Dukhi Das @ Dhukhan Ravidas 4.1. Sanjay Mahto, son of Late Braj Mahto

5. Mithu Das, son of Late Mahavir Das @ Mahadeo Ravidas

6. Gajadhar Mahto, son of Late Fakira Mahto 7.1. Shyamdeo Manjhi, son of Chhotelal Manjhi.

8. Kesho Ravidas, son of Late Chhotan Ravidas All residents of Village- Bauri, P.O. Bauri, P.S. Kashichak, District Nawadah.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mukesh Kumar Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2022 On perusal of the materials on record it transpires that the instant appeal arises from a suit of which the value was Rs. 80,000/-.

In view of the amendment in section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887 appeals arising out of the suit having value of less than Rs. 10 lacs, would lie before the District Judge and not this Court.

In view of the above, learned counsel for the appellant seeks permission to withdraw the instant appeal to move in an appropriate appeal before the learned District Judge. Appeal stands disposed off with the above liberty.

Patna High Court FA No.20 of 2018(5) dt.17-10-2022 2/2 In case the appeal is filed with an application for condonation of delay in filing of the appeal, the learned Court below will take into consideration the period of pendency of the appeal in the instant Court in deciding the limitation application in accordance with law.

(Partha Sarthy, J) Prakash/- U