Shri Gopal Pandey And ORS v. Kanti Devi And ORS

Patna High Court FA No.139 of 2017 (3) dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.139 of 2017 ====================================================== Shri Gopal Pandey & Ors .... .... Appellant/s

Versus

Kanti Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2018 Perused the office notes dated 05.03.2018.

The learned counsel for the appellants submits that the appeal is valued at Rs. 3,00,000/- only and as such this appeal lies in the court of the learned District Judge.

Under the circumstances, the learned counsel for the appellants is permitted to withdraw this appeal and to file the same in the court of the learned District Judge having jurisdiction and if the appeal is filed in the court of the learned District Judge then the learned District Judge will consider the limitation matter in the light of the fact that this appeal was filed here on 18.10.2017 and this period should be taken into consideration for condoning the delay.

Accordingly, this appeal is permitted to be withdrawn. (Jitendra Mohan Sharma, J) Abhay/- U