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High Court Of ChhattisgarhMA/94/2015withdrawn

Sushil Kumar v. Vinod Dubey

2016-08-04Hon'Ble Shri Justice Pritinker Diwaker2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Appeal No. 94 of 2015

1. Sushil Kumar S/o Late Ramkeshwar Mishr Aged About 38 Years R/o Village Rajketa, Tahsil - Wadrafnagar, P. S. - Wadrafnagar, District - Balrampur- Ramanujganj (Chhattisgarh) Civil District - Surguja (Ambikapur), Revenue District - Balrampur (Chhattisgarh)

2. Rajendra Kumar S/o Late Mahavir Prashad Mishr, Aged About 43 Years R/o Village Rajketa, Tahsil - Wadrafnagar, P. S. - Wadrafnagar, District - Balrampur- Ramanujganj (Chhattisgarh) Civil District - Surguja (Ambikapur), Revenue District - Balrampur (Chhattisgarh)...........(Defendants) ---- Appellants/ Defendants

Versus

1. Vinod Dubey S/o Late Kanhai Dubey, Aged About 19 Years R/o Village - Rajketa, Tahsil - Wadrafnagar, P. S. - Wadrafnagar, District - Balrampur - Ramanujganj (Chhattisgarh) Civil District - Surguja (Ambikapur), Revenue District - Balrampur (Chhattisgarh)........... (Plaintiff)

2. The State Of Chhattisgarh Through Collector, Balrampur, District - Balrampur - Ramanujganj (Chhattisgarh) ---- Respondents For the Appellants :

Shri A.K. Prasad, Advocate.

For Respondent No.1 :

Shri Manoj Paranjpe, Advocate.

For Respondent No.2/State :

Shri Adil Minhaj, Panel Lawyer.

Hon'ble Shri Justice Pritinker Diwaker Order on Board 04/08/2016 1.

Learned counsel for the Appellants fairly submits that the correct remedy for the Appellants is to file a writ petition. He further submits that he may be permitted to withdraw this appeal with liberty to file a writ petition and the Registry may be directed to return the certified copy of the impugned order dated 24.8.2015.

2.

Learned counsel for the Respondent has no objection to the above proposition put-forth by counsel for the Appellants.

3.

Accordingly, Learned counsel for the Appellant is permitted to withdraw this appeal with the aforesaid liberty. 4.

Registry is directed to return certified copy of the impugned order, after keeping the authenticated true copy.

Sd/- (Pritinker Diwaker) Judge Nimmi