The appellant withdrew the miscellaneous appeal with the court's permission, retaining liberty to file the appeal before the District Judge as it was maintainable there.
Withdrawal of appeal permitted with liberty to file before the District Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.310 of 2016
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Ajay Choudhary, son of late Raghubir Choudhary, resident of village, Nehra, P.S. Manigachhi, District, Darbhana
... ... Appellant/s
Versus
Smt. Bibha Devi and Ors.
... ... Respondent/s Appearance : For the Appellant/s : Mr.Ashok Kumar Mishra For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
6 15-04-2019 It has been submitted that value of suit is rupees three
lacs and appeal against final order is to be filed before the District Judge. As far as injunction matter is concerned, the appeal against refusal for grant of injunction is maintainable before the court in which appeal against final order lies. Since the value of suit is rupees three lacs, the appeal is maintainable before the District Judge as such order against rejecting the injunction petition will also lie before the District Judge.
Learned counsel for the appellant prays and is permitted to withdraw this appeal with liberty to file appeal before the concerned District Judge.
With such liberty, the Miscellaneous Appeal stands
Patna High Court MA No.310 of 2016(6) dt.15-04-2019 2/2
disposed of.
(S. Kumar, J)
Sanjay/-
U
1 issue framed by the court
Whether the court should allow the withdrawal of the appeal with liberty to file the appeal before the District Judge.
Ajay Choudhary
Smt. Bibha Devi
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
