Anil Dwivedy @ Anil Kumar Dwivedi And ORS v. Smt. Renu Devi

Patna High Court C.Misc. No.1381 of 2016 (3) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1381 of 2016 ====================================================== Anil Dwivedy @ Anil Kumar Dwivedi & Ors .... .... Appellant/s

Versus

Smt. Renu Devi .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Manager Sah For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-01-2017 The learned senior counsel, Mr. Abhay Kumar Singh, for the petitioner submitted that in fact the order impugned is a decree within the meaning of Section 2 (2) of CPC but by mistake this Civil Misc. application has been filed. Accordingly, he seeks permission to withdraw this Civil Misc. application with liberty to file First Appeal before the District Judge as the valuation of the suit is less than Rs.10 lakhs.

The learned counsel, Mr. Radha Mohan Pandey, appearing for the respondent has got no objection.

In view of the submission of the learned senior counsel, this Civil Misc. application is permitted to be withdrawn with liberty to file Appeal under Section CPC before appropriate Forum.

Accordingly, this Civil Misc. application is dismissed as withdrawn with aforesaid liberty to file Appeal. Sanjeev/- (Mungeshwar Sahoo, J) U