The single-judge court allowed the petitioner's request to withdraw the writ petition to facilitate filing a separate title suit under Order 39 CPC and dismissed the writ on withdrawal.
Permission to withdraw the writ petition was granted. The writ petition was dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24436 of 2019
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Chandarma Yadav @ Chandarma Chaudhary son of Late Deodhari Pd. Yadav alias Deodhari Chaudhary Resident of Village- Sidhwal, P.S.- Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar For the Respondent/s : Mr.Subash Chandra Yadav (Gp15)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 06-12-2019 Heard both sides.
After some argument, the learned counsel for the petitioner seeks permission to withdraw this writ petition so that petitioner may file petition under Order 39 Rule 1 & 2 of the Code of Civil Procedure in Title Suit No. 39 of 2013, the petitioner has already filed Title Suit No. 39 of 2013 for declaration of title.
Prayer is allowed.
This writ petition is, accordingly, dismissed as withdrawn.
(Prabhat Kumar Jha, J)
BKS/-
U
1 issue framed by the court
Whether permission is granted for withdrawal of the writ petition in favor of filing a title suit.
Chandarma Yadav @ Chandarma Chaudhary
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
