Dismissed¶17

Md. Mukhtar v. Md. Fakhruddin @ Fakhru

Patna HC18 Apr 2026MA/807/2025

Case brief

AI extract

What is this about?

Patna High Court, Miscellaneous Appeal No.807 of 2025 (Khatim Reza, J., 18-04-2026): appeal against Order XXXIX Rule 1 and 2 CPC order in suit valued at Rs. 2,51,000/- held not maintainable before the High Court due to enhanced pecuniary jurisdiction (below Rs. 10 lakhs); dismissed as withdrawn; memo of appeal ordered to be returned within two weeks for filing before the Principal District Judge. Keywords: pecuniary jurisdiction, Order XXXIX Rules 1 & 2 CPC, maintainability, dismissed as withdrawn, return of memo of appeal.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file before the appropriate forum; Office directed to return the copy of the memo of appeal to the learned counsel for the appellants within two weeks. ¶17

Md. Mukhtar Vs Md. Fakhruddin @ Fakhru — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.807 of 2025

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Md. Mukhtar, Son of Md. Salim, resident of Mohalla-Habibpur, Police Station-Habibpur, District-Bhagalpur.

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Haji Md. Imtiaz Ansari @ Md. Imtiyaz Ahmad, son of Haji Kasim Ansari, resident of Mohalla-Mojahidpur, Police Station-Mojahidpur, DistrictBhagalpur.

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... ... Appellant/s

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Versus

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Md. Fakhruddin @ Fakhru, Son of Late Md. Islam, resident of MohallaMohiuddinpur, Police Station-Habibpur, District-Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Ravi Prakash Dwivedi, Adv. For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 18-04-2026

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Office has reported that the present appeal has been filed against the order passed under Order XXXIX Rule 1 and 2 of the Civil Procedure Code and the valuation of the suit is Rs. 2, 51,000/-, which is less than 10 lakhs. The proper remedy seems to lie by way of filing of a memo of appeal in the Court of learned Principal District Judge concerned.

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In view of the aforesaid objection raised by the Stamp Reporter, the learned counsel for the appellants seeks permission to withdraw this Miscellaneous appeal and file it before appropriate forum and also prays for returning the memo of appeal to the counsel for the appellants so that they may move before the appropriate forum.

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Patna High Court MA No.807 of 2025(2) dt.18-04-2026 2/2

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