IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15272 of 2011 Ajay Kumar Versus Shambhu Narayan Prasad & Ors ---------------------------------- 02. 14.09.2011 Since the order impugned, i.e., dated 22.07.2011 passed by Sub Judge III, Sasaram, Rohtas in partition suit No.53 of 1991 rejecting the objection of the petitioner to the Pleader Commissioner’s report and confirming the Pleader Commissioner’s report is a decree within the meaning of Section 2 sub-Section 2 of the Code of Civil Procedure, the learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to file First Appeal under Section 96 of the Code of Civil Procedure. In view of the above, the petitioner is permitted to withdraw this writ application to enable him to file regular title appeal under Section 96 of the Code of Civil Procedure before appropriate forum against the impugned Judgment and final decree that may be prepared. With this liberty, this writ application is disposed of. Sanjeev/- ( Mungeshwar Sahoo, J.)