IN THE HIGH COURT OF JUDICATURE AT PATNA

FIRST APPEAL No.71 of 2017

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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

1.

Girdhari Prasad and Anr Son of Late Chamru Lal, resident of Thatheri

Bazar, P.S. Pirbahore, town and district- Patna.

2.

Murari Lal, Son of Late Chamru Lal, resident of mohalla- Khajanchi Road,

P.O- Bankipore, P.S.- Pirbahore, town and District- Patna.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Sunil Srivastava,Advocate

For the Respondent/s

:

Mr.Satyendra Narayan Singh,Advocate

Mr. Ranjan Kumar Dubey, Advocate

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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withdrawn.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withdrawn.

Jagdish/Neha/-

(Rajiv Roy, J)

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