The First Appeal was dismissed as withdrawn after the appellant moved for withdrawal citing an amicable settlement. A respondent's application to substitute the appellant was also dismissed.
Withdrawal of Appeal allowed; Liberty granted to file fresh appeal later.
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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.71 of 2017
======================================================
Ajay Prasad Advocate Son of Late Chamru Lal, resident of 'Satyanarain Building' Exhibition Road, P.S. Gandhi Maidan, town and District- Patna.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sunil Srivastava,Advocate For the Respondent/s : Mr.Satyendra Narayan Singh,Advocate Mr. Ranjan Kumar Dubey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
14 14-11-2022
I.A. No. 05 of 2022 and I.A. No. 06 of 2022
Both these interlocutary applications are being taken
up together as they are inter related.
The I.A. No. 05 of 2022 has been preferred by the appellant for withdrawal of the appeal with the averments that in view of the amicable settlement between the parties, he do not want to pursue the matter further.
The I.A. No. 06 of 2022 has been preferred by the respondent no. 02 for replacing him in place of the present appellant.
Heard respective counsel for the parties.
Patna High Court FA No.71 of 2017(14) dt.14-11-2022 2/2
I.A. No. 06 of 2022
After some arguments, learned counsel for the respondent no.02 submits that he do not intend to further press the aforesaid interlocutary application but liberty may be granted to file a fresh appeal against the order dated 11.01.2017 passed by the learned Sub-ordinate Judge-III, Patna in T.P.S No. 219 of 2011( Girdhari Prasad (Plaintiff) Vs. Ajay Prasad and Another (Defendants).
I.A. No. 06 of 2022 is accordingly dismissed as withdrawn. The respondent no. 02 always has the liberty to file an appropriate petition against the order in question.
I.A. No. 05 of 2022
In view of the averments made in the interlocutary application, the I.A. No. 05 of 2022 is allowed.
F.A. No. 71 of 2017
As the I.A. No. 05 of 2022 preferred by the appellant for the withdrawal of the First Appeal No. 71 of 2017 stands allowed, the present appeal is accordingly dismissed as withdrawn.
(Rajiv Roy, J)
Jagdish/Neha/-
U
Ajay Prasad
Girdhari Prasad
Murari Lal
Jagdish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
