Pervez Alam v. The Bihar State Sunni Waqf Board And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.86 of 2018 ====================================================== Pervez Alam, Son of Late Abdul Aziz, resident of Mohallah- rauza P.S. Ara Town District- Bhojpur ... ... Petitioner/s

Versus

The Bihar State Sunni Waqf Board and Anr ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar, Advocate For the Respondent/s :

Mr. Md. Helal Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned counsel for the Bihar State Sunni Waqf Board. Re: I.A. No. 02 of 2022 This interlocutory application has been filed under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure for deleting the name of the petitioner, namely, Pervez Alam, who died on 15.09.2022 during the pendency of this revision and for substituting the heirs of the petitioner whose details are mentioned in paragraph 2 of this interlocutory application.

Learned counsel for the petitioner submits that duly executed vakalatnama on behalf of the heirs of the petitioner has already been attached in this interlocutory application. In the aforesaid facts and circumstances, this

Patna High Court C.R. No.86 of 2018(10) dt.20-12-2022 2/2 interlocutory application is allowed.

Let the name of the petitioner be deleted and names of heirs of the petitioner be substituted in his place. Re: I.A. No. 03 of 2022 This interlocutory application has been filed under Section 151 of the Code of Civil Procedure for withdrawing the present Civil Revision application.

It has been contended that during the pendency of present Civil Revision the parties sat across the table and now there is likelihood of coming to amicable settlement. Now substituted petitioners do not want to press the present Civil Revision application and seek permission/leave to withdraw this case.

In the aforesaid facts and averments made in this application, this interlocutory application is allowed. Petitioner is permitted to withdraw this case.

Accordingly, the instant Civil Revision application is dismissed as withdrawn.

(Khatim Reza, J) premchand/- U