Vivek Kumar v. Ashim Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.192 of 2017 ====================================================== Vivek Kumar .... .... Appellant/s

Versus

Ashim Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2018 Perused the office notes and the stamp report dated 30.03.2018.

The appeal has been valued at Rs. 1,30,605/- only which is less than Rs. 10,00,000/- and as such proper remedy is to file the memo of appeal in the court of the learned District Judge concerned.

The learned counsel for the appellant seeks permission to withdraw this First Appeal and submits to return the memo of appeal and the certified copy of the final decree to file the same in the court of the learned District Judge, Gopalganj. It is also submitted that the limitation matter be considered sympathetically.

Under the circumstances, the learned counsel for the appellant is permitted to take return the memo of appeal and the certified copy of the final decree to file the same in the court of

Patna High Court FA No.192 of 2017 (2) dt.03-04-2018 2/2 the learned District Judge, Gopalganj. The learned District Judge, Gopalganj will consider the limitation matter sympathetically in view of the fact that this appeal was filed here on 12.12.2017 and accordingly this First Appeal stands disposed of. (Jitendra Mohan Sharma, J) Abhay/- U