Krishneshwarendra Sahi @ Batuk Jee v. Pashpati Sah

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.22 of 2016 ====================================================== Krishneshwarendra Sahi @ Batuk Jee .... .... Appellant/s

Versus

Pashpati Sah .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sunil Kumar Alias Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-11-2017 The delaying in filing certified copy of decree is ignored.

The office has reported that since valuation of this appeal is Rs. 1,43,000/- and therefore appeal shall lie before District Judge due to increase of pecuniary jurisdiction of the District Judge.

In view of the aforesaid report, the learned counsel for the appellant seeks permission for withdrawal of this appeal with liberty to file fresh appeal before appropriate forum. Accordingly, this appeal stands disposed of as withdrawn with liberty to the appellant to file fresh appeal before appropriate forum within a month from today.

However, it is made clear that the period spent by the appellant in pursuing the present appeal before this Court as well as the above stated period of one month shall be excluded by

Patna High Court FA No.22 of 2016 (4) dt.28-11-2017 2/2 the concerned forum at the time of consideration of limitation. (Hemant Kumar Srivastava, J) N.K/- U