High Court Patna High Court - Orders

Madan Prasad vs Munna Kumar on 26 September, 2011

Patna High Court – Orders
Madan Prasad vs Munna Kumar on 26 September, 2011
                                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.7057 of 2010
                             Madan Prasad S/O Sri Hazari Prasad R/O Vill.- Brahmpura
                             (Soda Godam), Ward No.1, P.O.- M.I.T., Anchal- Mushari,
                             P.S. Brahmpura, Distt.- Muzaffarpur

                                                     Versus
                             Munna Kumar S/O Sri Ram Narain Prasad R/O Mohalla-
                             Brahampura (Soda Godam), Ward No.-3, P.O.- M.I.T., P.S.-
                             Brahampura, Anchal- Mushari, Sub-Division And Munsifi-
                             Muzaffarpur East, Distt.- Muzaffarpur

                                                 --------------------

02/ 26.09.2011 Mr. K.N. Diwakar, learned counsel for the petitioner

and Mr. Arun Kumar Prasad, learned counsel for the respondents

are present.

The writ petition had been filed questioning the order

dated 11.5.2009 passed by Sri S.K. Varma, learned Munsif, East,

Muzaffarpur, in T.S. No. 48 of 2007, whereby the prayer of the

petitioner for appointment of Advocate Commissioner, has been

rejected.

Learned counsel for the petitioner, considering the

developments that the suit in question bearing Title Suit No. 48 of

2007 itself has been dismissed by a judgment and decree dated

18.5.2011, seeks permission to withdraw the writ petition with a

liberty to raise the issue in appeal.

Permission is allowed.

The writ petition is disposed of with the liberty

aforesaid.

(Jyoti Saran, J.)
S.Sb/-