IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1797 of 2017 ====================================================== Nirmala Devi Wife of late Uday Shankar Thakur Resident of Mohalla- Nai Bazar, P.S. Town Muzaffarpur, District- Muzaffarpur. ... ... Petitioner/s Versus Ghanshyam Thakur S/o late Srideo Thakur Resident of Mohalla- Nai Bazar, P.S. Town Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikas Mohan, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 28-01-2025 I.A. No. 01 of 2023 The instant interlocutory application has been filed for substituting the heirs/legal representatives of sole petitioner who died during the pendency of the present petition. 2. Learned counsel appearing on behalf of heirs/legal representatives of sole petitioner submits that the sole petitioner died on 04.11.2022 leaving behind her heirs/legal representatives whose details have been mentioned in paragraph 2 of the interlocutory application. Learned counsel further submits that there is no deliberate delay or latches on part of the applicants in moving the present application. 3. In the light of averments made in the interlocutory application as well as submission made on behalf of the applicants, I.A. No. 01 of 2023 stands allowed. Patna High Court C.Misc. No.1797 of 2017(2) dt.28-01-2025 2/2 4. Office is directed to expunge the name of sole petitioner from the record and substitute the same with her heirs/legal representatives whose details have been mentioned in paragraph 2 of the interlocutory application. C. Misc. No. 1797 of 2017 5. Perusal of impugned order shows the order has been passed on an application filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure. Evidently, the said order is appealable under Order 43 Rule 1(r) of the Code of Civil Procedure and miscellaneous petition is not maintainable. 6. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach before the appropriate forum in appropriate proceeding. 7. Permission is accorded. 8. Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid. DKS/- (Arun Kumar Jha, J) U