IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.547 of 2025 ====================================================== Rekha Singh D/o Nandlal Singh, Wife of Swarnjeet Kumar R/o Village and PO -Naya Panapur, P.S-Akilpur, District-Patna. ... ... Petitioner/s Versus Nand Lal Singh S/o Late Jagdeo Singh R/o Village-Bahuara, P.S.-Gaurichak, District-Patna (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Raju Prasad, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-06-2025 The record taken up on mentioning being made on behalf of the petitioner. 2. Heard learned counsel for the petitioner. 3. The petitioner is aggrieved by the order dated 04.01.2025 passed by the learned Civil Judge (Senior Division), Patna City in Title Partition Suit No. 140 of 2023 whereby and whereunder the learned trial court rejected the petition filed by the plaintiff/petitioner under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’). 4. Against the impugned order, only an appeal under Order 43 Rule 1 (r) of the Code would lie and the petitioner moving before this Court in extraordinary jurisdiction under Article 227 of the Constitution of India is misuse of the process Patna High Court C.Misc. No.547 of 2025(2) dt.24-06-2025 2/2 of the Court. 5. Faced with situation, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to take recourse of appropriate proceeding in accordance with law. 6. Permission is accorded. 7. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. V.K.Pandey/- (Arun Kumar Jha, J) U