Dismissed

Shivananad Pathak and Anr. v. Shashikant Ojha and Anr.

Patna HC5 Sept 2024C.Misc./1211/2017

Case brief

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What is this about?

Petition under Article 227 challenged an injunction order in a title suit. The court found the order appealable and the petition not maintainable; on the petitioners' request it dismissed the petition as withdrawn with liberty to file an appeal and benefit of Section 14 of the Limitation Act.

What did the court decide?

Permission to withdraw granted; liberty to file appeal before appropriate forum with Section 14 Limitation Act benefit.

Shivananad Pathak and Anr. Vs Shashikant Ojha… — Civil Procedure and Limitation | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1211 of 2017

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

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Shivananad Pathak, S/o Sri Yogadhan Pathak, Resident of Village/Mohalla - Vihar Colony, Ashiyana Digha Road, Rajeev Nagar, P.S. - Rajeev Nagar, District- Patna.

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Sanjay Kumar Pathak, S/o Sri Yogadhan Pathak, Resident of Village/Mohalla - Chunugpur, House No. 151, P.S. - Jaminpur Kotwal Tahsil Sagari, District- Ajamgarh, State - Uttar Pradesh.

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... ... Petitioner/s

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Versus

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Shashikant Ojha 2. Laxmikant Ojha Both S/o Late Hari Narayan Ojha, Resident of Village - Kalyanpur, P.S. - Bihiya, District - Bhojpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh, Advocate Md. Ghulam Mustafa, Advocate Mr. Deepak Kumar, Advocate For the Respondent/s : Mr.Kunal Tiwary, Advocate Mr. Aniket Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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5 05-09-2024 Heard learned counsel for the parties.

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The instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 15.04.2017 passed in Title Suit No.156/2015 by the learned Sub Judge-14, Ara allowing the injunction petition filed by the plaintiff.

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It appears the impugned order is an appealable order and a petition under Article 227 of the Constitution of India is not maintainable.

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At this stage, learned counsel for the petitioners

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Patna High Court C.Misc. No.1211 of 2017(5) dt.05-09-2024 2/2

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seeks permission to withdraw the present petition with liberty to

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file an appeal before the appropriate forum.

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Permission is accorded.

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Accordingly, this petition is dismissed as

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withdrawn with liberty as aforesaid.

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It goes without saying that benefit of Section 14 of

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the Limitation Act would be available to the petitioners.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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Shivananad Pathak and Anr. v. Shashikant Ojha and Anr.

Case brief

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Shivananad Pathak and Anr. v. Shashikant Ojha and Anr.

Case brief

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