Appellant sought permission to withdraw a first appeal filed in the wrong court due to limitation concerns and was granted permission by the Patna High Court.
Permission granted to withdraw the appeal with liberty to file it in the appropriate court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.38 of 2016
====================================================== Smt. Chamela Devi, wife of Sri Braj Nandan Sao @ Gigal Sao, resident of Phulwarisharif, P.S. Phulwarisarif, District- Patna. Plaintiff/Appellant Versus Smt. Ram Sakhi Devi, wife of Sri Badri Pandit, resident of MohallaBochachak, P.S. Phulwarisharif, District- Patna at present resident at Mauza- Sabalpur, P.S. Didarganj, District- Patna. Defendant /Respondent ====================================================== Appearance : For the Appellant/s : Mr. Navin Kumar Sinha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 09-08-2016 The learned counsel for the appellant is present. He pressed I.A. No. 5715 of 2016. Perused the office note and also the memo of appeal. The appeal is valued at Rs. 38,000/- only and as such this appeal is not maintainable in this Court. The impugned judgment and decree have been passed by the learned Sub. Judge and as such it ought to have been filed in the court of the learned District Judge, Patna.
The learned counsel for the appellant now seeks permission to withdraw this appeal with liberty to file the same in the court of the learned District Judge, Patna.
Permission is granted. Accordingly, this appeal is hereby disposed of as withdrawn. The learned counsel for the
Patna High Court FA No.38 of 2016 (2) dt.09-08-2016
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appellant is at liberty to file the appeal in the appropriate court where the matter of limitation will be considered in accordance with law.
Accordingly, this appeal is hereby disposed of.
(Jitendra Mohan Sharma, J)
Abhay/U T
Smt. Chamela Devi
Smt. Ram Sakhi Devi
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
