Md. Samar Alam v. Md. Akmal And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.196 of 2018 ====================================================== Md. Samar Alam, S/o late Himayun, R/o Village- Badelaugain, P.O. Mohiddinpur, P.S.- Jagdishpur, Bhagalpur.

... ... Appellant/s

Versus

1.

Md. Akmal, 2.

Md. Ishaque, both sons of late Himayun, 3.

Bibi Hadisha, wife of late Himayun, 4.

Bibi Yasmin, daughter of late Himayun, All residents of Village- Badelaugain, P.O. Mohiuddinpur, P.S.- Jagdispur, Bhagalpur.

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

For the Appellant/s :

Mr. Anupa Nand Jha, Advocate Mr. Abinash Kumar, Advocate For the Respondent/s :

Mr. Wasi Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-07-2025 Heard Mr. Anupa Nand Jha, learned counsel for the appellant and Mr. Wasi Akhtar, learned counsel for the respondents.

Interlocutory Application No.01 of 2025

2. This interlocutory application has been filed under Order XXII Rule 3 read with Section 151 of the Code of Civil Procedure jointly by both the parties for withdrawing this appeal in terms of paragraph no.3 of the interlocutory application.

3. A supplementary affidavit has also been filed jointly by both sides in support of the aforesaid interlocutory application enclosing separate affidavits and the Ids of the

Patna High Court SA No.196 of 2018(13) dt.14-07-2025 2/2 remaining respondents whose affidavits could not be filed earlier along with the interlocutory application.

4. Learned counsel for the appellant as well as learned counsel for the respondents submit that the parties have settled the dispute outside the Court and they do not want to pursue the present appeal and seeks permission to withdraw this appeal.

5. Having regard to the aforesaid facts, prayer is allowed.

6. Interlocutory Application No.01 of 2025 stands allowed.

Second Appeal No.196 of 2018

7. Consequent upon allowing of Interlocutory Application No.01 of 2025, this second appeal is permitted to be withdrawn in view of the statement made in paragraph no.3 of of the aforesaid interlocutory application.

8. Accordingly, this Second Appeal is disposed of. (Khatim Reza, J) J. Alam/- U