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Patna High CourtC.Misc./399/2018withdrawn

Md. Kalim Alias Arman And ORS v. Ali Imam And ORS

2018-08-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court C.Misc. No.399 of 2018 (2) dt.16-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.399 of 2018 ======================================================

1. Md. Kalim Alias Arman

2. Sarwar Neyaz @ Gopal

3. Fahim Akhtar @Ladle All Sons of late Fazlur Rehman All Residents of Village Govindpur, P.S. Goreakothi, P.S. Mustafabad, District- Siwan. .... .... Petitioner/s

Versus

1. Ali Imam Son of late Sheikh Hafiz Rahimuddin Resident of Village Govindpur, P.S. Goreakothi, District- Siwan.

2. Nezam Alam Son of late Abdul Mannan

3. Jubair Ahmad Son of late Fazlur Rahman

4. Nadra Ajahari Wife of late Atiullah

5. Nasrin Bano @ Baby wife of Nezam Alam

6. Afrin Bano @ Keti Wife of Abdul Qayum

7. Yasmin Bano@ Guriya Wife of Zakir Hussain Both daughters of late Fazlur Rehman, All Residents of Village Govindpur, P.S. Goriyakothi, District- Siwan.

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

For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners.

The petitioners have filed this civil miscellaneous petition against the order dated 18.01.2018 passed in Misc. Appeal No.6 of 2013 by which the order dated 14.02.2013 passed by learned 2nd Munsif, Siwan has been affirmed and the objection of the petitioner with regard to report of the Pleader Commissioner has been turned down.

After some argument, learned counsel for the petitioners seeks permission to withdraw this civil miscellaneous petition

Patna High Court C.Misc. No.399 of 2018 (2) dt.16-08-2018 with liberty to raise the points about the inequitable distribution of the property and non-consideration of the objection of the petitioner by the Pleader Commissioner as a ground in appeal. Prayer is allowed. This civil miscellaneous petition is disposed of as withdrawn with the aforesaid liberty. (Prabhat Kumar Jha, J) Saurabh/- U