Navin Kumar Sharma v. Kumar Harendra Sharma And ANR

Patna High Court C.Misc. No.815 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.815 of 2018 ====================================================== Navin Kumar Sharma .... Petitioner/s

Versus

Kumar Harendra Sharma & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sarvan Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner.

By the impugned order, learned Sub Judge restrained the defendant from transferring, alienating or dispossessing of the suit property under Order 39 Rule 1 and 2 of the C.P.C. In view of the provisions as contained in Order 43 Rule

(1) (r), the order passed on petition filed under Order 39 Rule 1 and 2 is appealable.

In this view of the fact, Mr. Shiv Shankar Sharma, learned counsel for the petitioner seeks permission to withdraw this civil miscellaneous petition to enable him to file miscellaneous appeal.

Prayer is allowed. This civil miscellaneous petition is disposed of as withdrawn to enable the petitioner to file miscellaneous appeal against the impugned order. Saurabh/- (Prabhat Kumar Jha, J) U