IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.647 of 2026 ====================================================== Shambhu Nath Singh @ Shambhu Singh Son of Late Ramphal Singh, Resident of Village and PO Kurthaul, PS Parsa Bazar, District Patna. ... ... Appellant/s Versus 1. Bindeshwari Singh @ Vishambhar Singh, Son of Late Ramphal Singh, Resident of Village and PO Kurthaul, PS Parsa Bazar, District Patna. 2. Kaushal Kishore Singh, Son of Nawal Kishore Singh, Resident of Village and PO Kurthaul, PS Parsa Bazar, District Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nagadeo Choubey, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 13-08-2026 Heard the parties 2. The present appeal has preferred: “against the order dated 30.04.2026 passed by the learned Civil Judge (Senior Division)-I, Patna in Title Suit No. 362 of 2023 whereby and where under the learned court below rejected the petition dated 11.10.2023 filed by the plaintiff appellants under Order XXXIX rule 1 & 2 read with Section 151 of the Code of Civil Procedure, without considering the facts and circumstances case as well as the provisions of law.” Patna High Court MA No.647 of 2026(2) dt.13-08-2026 2/2 3. As pointed out by the office that the matter should go before the learned District Judge as per the money valuation. 4. In that background, learned counsel for the appellant prays for withdrawal of the appeal. 5. The MA No. 647 of 2026 is disposed of as withdrawn. 6. The delay in filing, if any, has to be taken into consideration as the appeal was pending before the Court. munindra/- (Rajiv Roy, J) U