Smt. Prabhawati Devi v. Nilesh Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.39 of 2017 In Civil Writ Jurisdiction Case No. 10687 of 2011 ====================================================== Smt. Prabhawati Devi, D/o Late Lahauri Prasad, W/o Kishor Kumar, Resident of Village - Korra, P.S. - Janipur (Phulwarisarif), District - Patna. .... .... Appellant

Versus

Nilesh Sharma, S/o Ramji Sharma, resident of Village - Dharampur, P.O. - Mohammadpur, P.S. - Phulwarisarif, District - Patna. .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Chhote Lal Mishra, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 23-07-2018 Though the appeal is posted for consideration of the defects pointed out by the office but on call Mr. Chhote Lal Mishra, learned Counsel for the appellant informs that since this appeal arises from the judgment and order passed by a learned Single Judge in exercise of jurisdiction vested under Article 227 of the Constitution of India, no intra-Court appeal would lie, rather the remedy for the appellant is before the Supreme Court. He thus prayed for withdrawal of the appeal to enable the appellant to pursue the remedy available to her.

The records transpire that the appellant has moved in this appeal after a lapse of six years of the passing of the judgment impugned.

Patna High Court LPA No.39 of 2017 (4) dt.23-07-2018 In the circumstances noted, the appeal is dismissed as withdrawn.

(Jyoti Saran, J) (Chakradhari Sharan Singh, J) Archana/Surendra U