Niraj Kumar Tulsyan v. Kanta Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.673 of 2022 ====================================================== Niraj Kumar Tulsyan Son of Late Jagdish Prasad Tulsyan Resident of Village and Mohalla- Mal Godown Road, Ward No.- 2, P.S.- Khagaria, DistrictKhagaria. ... ... Petitioner/s

Versus

1.

Kanta Kumari Wife of Sudhanshu Kumar Resident of Village M.G. Road, Khagaria, Ward No.- 17, Pargan, P.S. and District- Khagaria. 2.

Sanjeev Kumar Tulsyan, Son of Late Prahalad Roy @ Tulsyan Resident of Village and Muhalla- S.D.O. Road, Nagar Parishad, Ward No.- 17, Mayaram Market, P.S. and District- Khagaria.

3.

Nand Kishore Tulsyan, Son of Late Prahalad Roy @ Tulsyan Resident of Village and Muhalla- S.D.O. Road, Nagar Parishad, Ward No.- 17, Mayaram Market, P.S. and District- Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate.

Mr. Mohit Agarwal, Advocate.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-11-2022 Heard Mr. S.D. Sanjay, learned senior counsel appearing for the petitioner.

Learned counsel for the petitioner seeks permission to withdraw this application with liberty to file an appeal against the main order refusing injunction as well as review order. Permission is granted.

Accordingly, this application is dismissed as withdrawn with aforesaid liberty.

It goes without saying that if an appeal is filed along with condonation of delay petition, the Appellate Court will consider the plea of petitioner for

Patna High Court C.Misc. No.673 of 2022(2) dt.17-11-2022 2/2 condonation of delay in the light of the fact that the petitioner was pursuing the remedy before the wrong Court. (Anil Kumar Sinha, J) S.Ali/- U