Bhaskarnand And ANR v. Jai Nandan Sharma And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1762 of 2018 ====================================================== 1.

Bhaskarnand Son of Sri Shbash Chandra Sharma 2.

Subhash Chandra Sharma, Son of Late Kamta Singh, Both resident of Village- Taret, P.S.- Naubatpur, District Patna. ... ... Petitioner/s

Versus

1.

Jai Nandan Sharma Son of Late Ramjee Singh, Resident of Village- Taret, P.S.- Naubatpur, District- Patna.

2.

Digvijay Sharma, Son of Jai Nandan Sharma, Resident of Village- Taret, P.S.- Naubatpur, District- Patna.

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

For the Petitioner/s :

Mr. Dinu Kumar, Advocate For the Respondent/s :

Mr.Purushotam Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2023 Office has pointed out that the present petition is not maintainable since the remedy against the impugned order lies under Section 115 of Code of Civil Procedure in terms of order dated 27.04.2010 passed in Civil Revision No. 1067 of 2009, reported in 2010(2) PLJR 954.

2. Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the present petition with liberty to file civil revision petition in the matter.

3. Permission is accorded.

4. Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid as well as benefit of extant

Patna High Court C.Misc. No.1762 of 2018(7) dt.24-11-2023 2/2 rules including Section 14 of the Limitation Act. (Arun Kumar Jha, J) DKS/- U