The single-judge bench disposed of the second appeal by granting permission to the appellant to withdraw the appeal with liberty to pursue a filed petition under Order 21 Rule 97 CPC.
Second appeal disposed; liberty granted to withdraw with liberty to pursue Misc. Case No. 10 of 2008.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 133 of 2014
Aarsh Sahu, son of Sri Kumud Prasad Sahu
Appellant
Versus
…… Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Appellant : Mr. Rohitashya Roy, Advocate For the Respondent No1. : Mr. S.K. Sahay, Advocate
09/Dated: 18/01/2023
Mr. Rohitashya Roy, learned counsel for the appellant fairly submits that the appellant has already filed a petition under Order 21 Rule 97 of the C.P.C. which has been registered as Misc. Case No. 10 of 2008 in Execution Case No. 01 of 1993. He seeks permission to withdraw this second appeal with liberty to pursue the Misc. Case No. 10 of 2008.
Mr. S.K. Sahay, learned counsel for the respondent no.1 has got no
objection.
Accordingly, this second appeal is disposed of with the aforesaid liberty.
The said Misc. Case No. 10 of 2008 shall be decided in accordance with law.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
1 issue framed by the court
Whether permission to withdraw the second appeal with liberty to pursue a pending miscellaneous case can be granted.
1 provisions across 1 enactments
Aarsh Sahu
Miliyani Kindoo
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court