Om Prakash Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.759 of 2018 ====================================================== Om Prakash Singh S/o Harihar Singh, Resident of Village Punaon, P.O.- Kharenda, P.S.- Belaon, District- Kaimur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Kaimur at Bhabua 2.

The Anchal Adhikari Rampur, Kaimur.

3.

Mahendra Singh S/o Late Bindeshwri Singh, Resident of Village- Punaon, P.S. Belaon, District- Kaimur.

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

For the Petitioner/s :

Dr. Mayanand Jha, Sr. Adv.

Mr.Dharmendra Kumar For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-08-2022 Dr. Mayanand Jha, learned senior counsel for the petitioner submits that by the impugned order dated 09.03.2018 passed in Title Suit No. 275 / 2008 the petition filed by the petitioner for his impleadment as defendant in the suit was rejected. He further submits that during the pendency of this petition the Title Suit No. 275 / 2008 was disposed and the State of Bihar filed an Appeal before the lower appellate court vide Title Appeal No. 5 of 2021.

In the aforesaid background, the petitioner has been advised to file a separate petition for

Patna High Court C.Misc. No.759 of 2018(3) dt.24-08-2022 2/2 his impleadment before the appellate authority which the petitioner intends to file within a reasonable time frame. Accordingly, he seeks permission to withdraw this application with liberty to pursue the petition filed by the petitioner before the lower appellate court for his impleadment at the stage of appeal.

Permission is granted.

This application stands dismissed as withdrawn with the aforesaid liberty.

(Anil Kumar Sinha, J) praful/- U