Rajesh Ram, v. Madhusudan Prasad,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.1021 of 2019 ====================================================== Rajesh Ram, (Male), aged about 39 years, son of Jai Kishun Ram, resident of ward No. 3, village- Sapahi Birkahani, Tola- Belwania, Police StationRamnagar, District- West Champaran. ... ... Appellant/s
Versus
1.
Madhusudan Prasad, son of Late Pitambar Lal, 2.
Anand Kumar, 3.
Raj Kumar, both son of Madhusudan Prasad, 4.
Vivek Kumar, 5.
Ankit Kumar, Both son of late Lalit Kumar, resident of village- Purani Bazar, P.O. and Police Station- Ramnagar, District- West Champaran. 6.
Huni Ram, son of Late Chhedi Ram, 7.
Srilal Ram, son of Motar Ram, 8.
Ramchandra Ram, son of Motar Ram, All resident of village- Sapahi, Tola- Belwania, P.O. and Police StationRamnagar, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Arvind Kumar, Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-08-2023 The case has come under the heading "To Be Mentioned" at the instance of the appellant.
2. It appears that the suit value as well as appeal value is Rs.1,60,000/- only. The office has reported that in view of the valuation stated by learned counsel for the appellant in the memo of appeal, pecuniary jurisdiction would lie before the concerned District Judge.
3. Learned counsel for the appellant seeks permission
Patna High Court MA No.1021 of 2019(2) dt.21-08-2023 2/2 to withdraw this appeal with liberty to file the same before the appropriate forum. Permission is granted.
4. In such view of the matter, this appeal is dismissed as withdrawn.
5. Office is directed to return the memo of appeal along with its annexures to learned counsel for the appellant for filing the same before the appropriate forum.
6. The time consumed before this Court due to pendency of this appeal shall be taken into consideration while hearing on the point of limitation.
(Khatim Reza, J) J. Alam/- U