Patna High CourtC.Misc./356/2018withdrawn

Sheo Bihari Singh And ANR v. The State Of Bihar And ORS

2018-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.356 of 2018 ======================================================

1. Sheo Bihari Singh, Son of Late Madheshwar Singh, Resident of Village Muradpur Hujra, P.S. Arwal, District- Arwal.

2. Umesh Singh, Son of Shri Dhanukdhari Singh, resident of Village Muradpur Hujra, P.S. Arwal, District- Arwal.

.... .... Petitioners

Versus

1. The State of Bihar through Law Secretary, Government of Bihar, Patna.

2. Sub-Divisional Magistrate, Arwal, District- Jehanabad.

3. Circle Officer, Arwal, District- Jehanabad.

4. Bhoodan Yagna Committee through its Secretary, Jehanabad.

5. Binod Kumar Singh, Son of Late Keshav Singh, resident of Village Muradpur Hujra, P.S. Arwal, District- Jehanabad.

6. Bashistha, Son of Late Keshav Singh, resident of Village Muradpur Hujra, P.S. Arwal, District- Jehanabad.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Abhishek Kumar For the Respondent/s : Mr. Gyan Prakash Ojha -Ga7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2018 Heard both sides.

The petitioners filed this Civil Miscellaneous petition against the order dated 27.11.2017 passed in Title Suit No.08 of 1999, by which, the petition of the petitioners under Section 45 of the Indian Evidence Act has been rejected but during the pendency of this Civil Miscellaneous petition, the learned court below has already delivered the judgment on 25.04.2018. On this ground, learned counsel for the petitioners seeks permission to withdraw this Civil Miscellaneous petition with liberty to raise points in appeal.

Patna High Court C.Misc. No.356 of 2018 (3) dt.14-05-2018 2/2 Prayer is allowed.

This Civil Miscellaneous petition is dismissed as withdrawn with liberty to the petitioners to take grounds in appeal about rejection of his petition for examination of thumb impression.

(Prabhat Kumar Jha, J) Amit/- U