Nagina Devi v. Janak Lali Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1087 of 2023 ====================================================== Nagina Devi Wife of Baleshwar Sahni, Resident of Village Tisidih, Police Station-Bahadurpur, District Darbhanga (Bihar), PIN 847106. ... ... Petitioner/s

Versus

1.

Janak Lali Devi wife of Pramod Kumar Thakur, Resident of Mohalla- G.N. Ganj, Police Station - Laheriasarai District - Darbhanga 2.

Kedar Nath Mahaseth @ Santosh Mahaseth, son of Late Ram Chandra Mahaseth, Resident of Mohalla Bakerganj, Police Station - Laheriasarai, District Darbhanga.

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

For the Petitioner/s :

Mr. Kaushalesh Choudhary For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-11-2023 Heard the learned counsel for the parties.

2. Learned counsel for the petitioner when confronted with the order dated 28.01.2022 passed in Misc. Appeal No. 23/201 by Additional District Judge-VII, Darbhanga which was filed by the appellant against the order dated 05.11.2018 passed by learned Sub-Judge-VIII, Darbhanga in Misc. Case No. 43 of 2017, has submitted that he may be permitted to withdraw this present application to challenge the order dated 28.01.2022 in accordance with law.

3. The permission is accorded for withdrawing this application.

4. The petitioner does not require any permission

Patna High Court C.Misc. No.1087 of 2023(2) dt.08-11-2023 2/2 from this Court to challenge the order dated 28.01.2022 if it is permissible in law.

5. Accordingly, this application is dismissed as withdrawn.

6. If the order dated 28.01.2022 is challenged by the petitioner in any Court, it will not mean an automatic stay of the Execution Case No. 02 of 2012. The Execution Court will proceed in accordance with law and will execute the decree. (Sandeep Kumar, J) Shishir/- U