IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1167 of 2023 In Civil Writ Jurisdiction Case No.15723 of 2014 ====================================================== Krishna Mohan Murari S/o Late Ram Sharan Singh, resident of Peshour, P.S.- Rahui, District-Nalanda. ... ... Petitioner/s Versus 1.1. Dr. Saurav Kumar S/o Late Dr. Nagendra Prasad Sinha, Doctors Sahkari Grih Nirman Samiti registered under Society No. 33NAL/88 as well as in personal capacity, R/o Mohalla - Dhaneshwar Gat P.S. - Bihar, Dist - Nalanda. 2. Suresh Prasad, S/o Late Basudeo Prasad, resident of Village-Peshour, P.S.- Rahui, District-Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Advocate For the Respondent/s : Mr.Samir Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 5 11-04-2025 Learned counsel for the petitioner seeks permission to withdraw the present petition since the order passed under Order 39 Rule 1 and 2 of the Code of Civil Procedure is under challenge in the present civil miscellaneous case and an miscellaneous appeal would lie against such order. 2. Permission is accorded. 3. Accordingly, the present petition is dismissed as withdrawn with the liberty to the petitioners to take recourse of appropriate proceeding before the appropriate forum under the extant provisions of law. anuradha/- (Arun Kumar Jha, J) U