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Patna High CourtC.R./111/2014disposed

Sri Kapildeo Prasad v. Raj Kumar Gupta And ORS.

2019-04-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.111 of 2014 ====================================================== Sri Kapildeo Prasad son of Late Kishun Sao resident of Mohalla - Saidpur, P.S. Kadamkuan, Town and District - Patna.

... ... Petitioner/s

Versus

1.

Raj Kumar Gupta.

2.

Ashok Kumar Gupta Both sons of Late Kishun Sao resident of Mohalla - Saidpur, P.S. Kadamkuan, Town and District - Patna. 3.

Sri Hari Sao son of Late Sukh Lal Sao Resident of village - Ramana Road, P.S. Pirbahore, District - Patna.

4.

Sri Indra Raman Upadhyay son of Sri Chandradeo Upadhyaya resident of Punai Chack, P.S. Shastri Nagar, Town and District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jashawir Singh Arora, Sr. Advocate :

Mr. Sanjiv Sharan, Mr. Manoj Kumar & :

Mr. Amit Bhushan, Advs.

For the Respondent/s :

Mr. Siya Ram Shahi & Ms. Shally Kumari, Advs. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 12-04-2019 Heard the parties.

2. This civil revision application was preferred against the order dated 27.03.2014 passed by Subordinate Judge 2nd, Patna in Miscellaneous Case No. 88 of 1994 by which Misc. Case filed under order IX rule 13 of CPC was allowed.

3. Opposite party 1st set had filed aforesaid Misc. Case No. 88 of 1994 for setting aside the ex parte order passed in Misc. Case No. 11 of 1993 by which award was made Rule of the Court under the provisions of Arbitration Act, 1940.

4. It has been submitted on behalf of petitioner that

Patna High Court C.R. No.111 of 2014 dt.12-04-2019 2/2 during pendency of this civil revision application original suit filed was dismissed as such present civil revision arising out of said title suit has become infructuous and as such he may be permitted withdraw this revision petition.

5. The civil revision is dismissed as withdrawn with liberty to petitioner to challenge the judgment and order passed in original Title suit in accordance with law.

6. The civil revision petition is dismissed as withdrawn with aforesaid liberty.

(S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.04.2019 Transmission Date N.A.