Dismissed

Dharmendra Kumar Singh @ Dharmendra Singh v. Shiti Kanth Singh

Patna HC21 Aug 2023FA/74/2023

Case brief

AI extract

What is this about?

The High Court granted permission to the appellant to withdraw the first appeal, noting the suit and appeal values of Rs.56,000 fell within District Court jurisdiction, and dismissed the appeal accordingly.

What did the court decide?

Permission to withdraw appeal with liberty to file in the appropriate forum; dismissal of appeal as withdrawn; return of documents to appellant.

Dharmendra Kumar Singh @ Dharmendra Singh Vs… — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.74 of 2023

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======================================================

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Dharmendra Kumar Singh @ Dharmendra Singh, Male, aged about 51 years, s/o Late Muneshwar Singh, resident of village- Maraiya, Post Office- Goura, Police Station- Laxmipur, District- Jamui, Bihar.

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... ... Appellant/s

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	Versus
1.	Shiti Kanth Singh
2.	Janardhan Singh, both son of Late Mahadeo Singh, resident of village- Maraiya, Police Station- Laxhmipur, District- Jamui, Bihar.
3.	Maheshwar Singh, S/o Late Kishun Singh,
4.	Lalan Singh, S/o Maheshwar Singh,
5.	Om Prakash Singh, S/o Maheshwar Singh,
6.	Most. Meena Devi, W/o Late Anirudha Singh,
7.	Dhananjai Singh,
8.	Lav Singh, Both 7 & 8 son of late Anirudha Singh,
9.	Smt. Kanchan Devi, D/o Late Anirudha Singh,
10.	Mostt. Mira Devi, W/o Late Basudeo Singh,
11.	Devanti Devi, W/o Late Laddu Singh,
12.	Chanda Kumari,
13.	Runa Devi, both 12 and 13 are daughter of Late Laddu Singh,
14.	Amitabh Bachchan Singh, S/o Late Basudeo Singh,
15.	Smt. Rekha Kumari. D/o Late Basudeo Singh,
16.	Sakunti Kumari,
17.	Hema Kumari, both 16 & 17 are daughter of Late Basudeo Singh,
18.	Mostt. Gauri Devi, W/o Late Deoki Singh,
19.	Mostt. Makho Devi, W/o Late Mukesh Singh,
20.	Pappu Singh,
21.	Bullu Singh,
22.	Chhotu Singh, all 20, 21, 22 are son of Late Mukesh Singh,
23.	Sudhakar Singh,
24.	Manoranjan Singh, both 23 & 24 are son of Late Deoki Singh.
25.	Smt. Namudai Singh, D/o Late Deoki Singh, All resident of village- Maraiya, P.O.- Goura, P.S.- Laxmipur, District- Jamui, Bihar.
26.	Prama Devi, W/o Late Muneshwar Singh,
27.	Arbind Singh, S/o Late Muneshwar Singh,
28.	Rabindra Singh, S/o Late Muneshwar Singh,

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Patna High Court FA No.74 of 2023(2) dt.21-08-2023 2/3

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Sachchindra Singh, S/o Late Muneshwar Singh,

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Leela Devi, W/o Randhir Singh,

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Shiv Kumar Singh, S/o Late Bhuneshwar Singh,

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Sanjay Singh, S/o Late Bhuneshwar Singh,

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Gore Lal Singh, S/o Late Bhuneshwar Singh, All resident of village- Maraiya, P.O.- Goura, P.S.- Laxmipur, DistrictJamui, Bihar.

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Bina Devi, W/o Sadanand Singh, D/o Late Bhuneshwar Singh, resident of village- Ujjhandi, P.S.- Gidhaur, Distt- Jamui, Bihar.

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Permila Devi, W/o Ranjeet Singh, D/o Late Bhuneshwar Singh, resident of village- Ghughuldih, P.S.- Gidhaur, District- Jamui, Bihar.

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Chandra Mauleshwari Singh, S/o Late Mana Singh, resident of villageMaraiya, P.O.- Goura, P.S.- Laxmipur, District- Jamui, Bihar.

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Karu Sao, S/o Late Saudi Sao,

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Babulal Ram, S/o Jugal Ram,

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Shyam Sunder Singh,

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All resident of village- Maraiya, P.O.- Goura, P.S.- Laxmipur, DistrictJamui, Bihar.

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Dr. Ratan Kumar, Advocate For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 21-08-2023 It appears that the suit value as well as appeal value is Rs.56,000/- only. The office has reported that in view of the valuation stated by learned counsel for the appellant in the memo of appeal, pecuniary jurisdiction would lie before the concerned District Judge.

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Learned counsel for the appellant seeks permission

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to withdraw this appeal with liberty to file the same before the appropriate forum. Permission is granted.

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In such view of the matter, this appeal is dismissed

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Patna High Court FA No.74 of 2023(2) dt.21-08-2023 3/3

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as withdrawn.

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Office is directed to return the memo of appeal along with its annexures as well as the judgment and decree under appeal to learned counsel for the appellant for filing the same before the appropriate forum.

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The time consumed before this Court due to pendency of this appeal shall be taken into consideration while hearing on the point of limitation.

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(Khatim Reza, J)

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J. Alam/-

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Dharmendra Kumar Singh @ Dharmendra Singh v. Shiti Kanth Singh

Case brief

What is this about?

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Dharmendra Kumar Singh @ Dharmendra Singh v. Shiti Kanth Singh

Case brief

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