Decided on April 20,2019

Nikunja Debnath Appellant
Chandan Debnath Respondents


Sanjay Karol; CJ. - (1.)Petitioner has prayed for the following reliefs:
"(i) Admit this petition;

(ii) Issue notice calling upon the Opposite Party Respondents;

(iii) Call for the records;

(iv) After hearing both the parties be pleased enough to quash and set aside the impugned order dtd. 1/12/2018 passed by the Ld. District Judge, Gomati District, Udaipur in case No. T.A. 23 of 2017, whereby the Ld. Appellate Court dismissed the application filed by the appellant Under Order 16 Rule 1(2) and 3 read with sec. 151 of CPC for summoning the Sub-Registrar, Udaipur to produce the original Volume book and to remain present before the Court as witness and the application has been dismissed without affording any opportunity to the Appellant.

(v) Any other RELIEF(S) as to this Hon'ble High Court may deem fit and proper on the facts and circumstances."

After having heard the matter for some time, Mr. Arjun Acharjee, learned counsel for the petitioner, seeks permission to withdraw the application filed under Order XVI Rule 1(2) and 3 read with Sec. 151 of Code of Civil Procedure before the learned appellate Court, reserving liberty to file a proper application in accordance with law disclosing full particulars necessitating passing of an order by the learned Judge in accordance with law.

Such application shall be decided uninfluenced of any observation made in the impugned order, effect of which in any event gets effaced.

Ordered accordingly.

(2.)The revision petition stands disposed of as having been withdrawn.
Pending application(s), if any, also stands disposed of.


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