Patna High Court - Orders
Awadhesh Kumar & Ors vs Smt. Urmila Devi & Ors on 16 May, 2014
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
Patna High Court CWJC No.6880 of 2014 (2) dt.16-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6880 of 2014
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Awadhesh Kumar & Ors
.... .... Petitioner/s
Versus
Smt. Urmila Devi & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Chandra
For the Respondent/s : Mr. Manish Kumar No-2
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
2 16-05-2014Since by the impugned order, the Court below has decided the objection under Order 21 Rule 97 of the Code of Civil Procedure after taking evidences on behalf of both the parties, therefore, the impugned order is a decree as provided under order 21 Rule 103, as such it is appealable as a decree. According to the learned counsel since the valuation of this original suit is Rs.1 lakh, First Appeal is maintainable before the lower appellate Court and, therefore, he submitted that he may be permitted to withdraw this writ application with liberty to file appeal before the lower appellate Court. Permission is accorded. Accordingly, this writ application is dismissed as withdrawn with liberty to file appeal against the impugned order before the appropriate forum subject to limitation.
Sanjeev/- (Mungeshwar Sahoo, J)