Suresh Bhagat v. Ganauri Bhagat And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.618 of 2018 ======================================================

1. Suresh Bhagat son of Late Jokhan Bhagat resident of village Hiraman Bigha (Maraila)PO Walidad P.S. Mehandia, District Arwal. .... .... Petitioner

Versus

1. Ganauri Bhagat

2. Mukhiya Bhagat Both sons of Late Bhuneshwar Bhagat

3. Bipal Bhagat son of Late Shyamlal Bhagat

4. Rajeshwar Bhagat

5. Komal Bhagat

6. Nandlal Bhagat all three sons of Bipat Bhagat all residents of Village Hiraman Bigha (Maraila) PO Walidad P.S. Mehandia, District Arwal. .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Diwakar Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner.

The petitioner has filed this Civil Miscellaneous petition against the order dated 09.03.2018 passed by learned SubJudge-1, Arwal in Title Suit No.115 of 2012 by which the petition of the petitioner filed under Order 39 Rule 1 & 2 of C.P.C. for grant of status quo has been dismissed.

On the face of it, it appears that the order is appealable under Order 43 Rule 1(r).

Taking into consideration of this fact, learned counsel for the petitioner seeks permission to withdraw this Civil Miscellaneous petition with liberty to file appeal before the

Patna High Court C.Misc. No.618 of 2018 (2) dt.15-05-2018 2/2 appropriate court.

Prayer is allowed.

This Civil Miscellaneous petition is disposed of with liberty to the petitioner to file appeal before the appropriate court. (Prabhat Kumar Jha, J) Amit/- U