Sri Sandeep Kumar Son Of Sri Rakesh ... vs Smt. Yasoda Devi Wife Of Late ...
2021 Latest Caselaw 124 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(C) No.2600 of 2013

1.Sri Sandeep Kumar Son of Sri Rakesh Kumar
2.Sri Sanjay Kumar son of Sri Rakesh Kumar
3.Swati @ Kumari Swati Daughter of Sri Rakesh Kumar
All are resident of Qr. No.LH/33, Tapti Road, Sakchi, P.O. & P.S. Sakchi,
Jamshedpur, Dist-East Singhbhum.
                                                    .......         Petitioners
                           Versus
1.Smt. Yasoda Devi wife of late Narsingh Rao
2.Prakash Rao son of late Narsingh Rao
3.Krishna Rao son of late Narsingh Rao
       1, 2 and 3 are resident of Holding No.E/731 'A' Block, Sonari, Dist-
East Singhbhum
4.Anand Rao son of late Narshingh Rao, resident of Street No.41, Qr.
No.1/16/A, At & P.O. Chittaranjan, Dist-Burdwan (West Bengal)
5.Manju Devi wife of B.N. Azad, resident of Street No.23, Qr. No.4A, At &
P.O. Chittaranjan, Dist-Burdwan (West Bengal)        ......      Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners : Mr. Birat Kumar, Advocate For the Respondents : Mr. Lalan Singh, Adv.

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             th
4/Dated: 8        January 2021

The matter has been heard through video conferencing with the

consent of the learned counsel for the parties.

This writ petition is under Article 227 of the Constitution of India,

wherein the ex-parte judgment and decree dated 18.01.2008 passed by Sub

Judge VI, Jamshedpur in T.S. No.60/1993 has been assailed.

Learned counsel for the petitioner at the outset, has submitted that the

wrong forum has been chosen for assailing the ex- parte judgment and decree

dated 18.01.2008 and therefore, he may be allowed to withdraw this writ

petition to search out the remedy for redressal of grievance.

In view of such submission, this Court deem it fit and proper to accede

to the aforesaid submission of the learned counsel for the petitioner.

In view thereof, the writ petition is dismissed as withdrawn, however,

with a liberty to the petitioner to search out remedy for redressal of the

grievance.

The writ petition, accordingly, disposed of.

(Sujit Narayan Prasad, J.) Saket/-