Ajai Kumar Mishra @ Tutun Mishra, v. Brij Kishor Singh,

IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.66 of 2018 ====================================================== Ajai Kumar Mishra @ Tutun Mishra, Son of Late Laxmi Kant Mishra, Resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Police Station- Gopalganj, District- Gopalganj.

... Defendant no.2 ... Appellant/s

Versus

1.

Brij Kishor Singh, Son of Late Gorakh Singh, Managing Director, Baibhav Construction Private Limited, Gopalganj, Sareya Ward No. 13, Post Office, Police Station and District- Gopalganj.

.... Plaintiff..... Respondent 2.

Munna Mishra, Son of Late Laxmikant Mishra, resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police StationGopalganj, District- Gopalganj. 3.

Jagdish Narayan Prasad, Son of Late Chandrika Prasad, resident of MohallaSareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police Station- Gopalganj, District- Gopalganj.

4.

Amar Nath Singh, Son of Late Subeelal Singh, resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police StationGopalganj, District- Gopalganj. 5.

Mukesh Prasad, Son of Late Manohar Prasad, resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police StationGopalganj, District- Gopalganj. 6.

Jai Prakash Gupta, Son of Deonandan Sah, resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police StationGopalganj, District- Gopalganj. 7.

Nageshwar Upadhaya, Son of Vijay Upadhaya. resident of Mohalla- Sareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police StationGopalganj, District- Gopalganj. 8.

Pradeep Kumar Pandey, Son of Nagendra Pandey, resident of MohallaSareya Husi, Mishra Colony, Banjari Road, Post Office- Gopalganj, Police Station- Gopalganj, District- Gopalganj.

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

For the Appellant/s :

Mr. Raghav Prasad, Adv.

For the Respondent/s :

Mr. Shashi Kumar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 26-11-2019 Re: I.A. No.4 of 2019:

Heard learned counsel for the appellant as well as

Patna High Court FA No.66 of 2018(14) dt.26-11-2019 2/2 respondent no.1.

By way of I.A. No.4 of 2019 a prayer has been made on behalf of the appellant to permit him to withdraw the appeal as, the matter in dispute has already been resolved outside the court.

Be that as it may, considering the payer of the appellant the instant appeal is directed to be dismissed as withdrawn. Consequent thereupon I.A. No. 4 of 2019 is allowed.

(Aditya Kumar Trivedi, J) skpathak/- U