IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17949 of 2011 Kailash Prasad @ Kailash Choudhary Versus Mostt.Deoratia Devi ---------------------------------- 5. 19.12.2011 After some arguments, the learned counsel for the petitioner submitted that because by the impugned order dated 30th July 2011 the objection filed by the petitioner under Order 21 Rule 97 of the Code of Civil Procedure has been decided by the court below after hearing the parties the impugned order is a deemed decree as provided under Order 21 Rule 103 of the Code of Civil Procedure, as such it is appealable. With this submission, the learned counsel for the petitioner submitted that he may be permitted to file appeal before the appropriate forum. Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, the permission is accorded. If the appeal is filed within one month from today before appropriate forum with a limitation application, the concerned court shall consider the fact of bona fide prosecution of the grievance before this Court by the petitioner and pass necessary order according to law including any interim order, if prayed for. With this observation, this writ application is disposed of. S.S. (Mungeshwar Sahoo,J.)