IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.810 of 2010 Nagina Prasad, son of Vishvakarma Prasad, Resident of Mohala Lah Bazar Road, Salempur, P.S. Chapra Town, District Saran. ------- Defendant/Petitioner Versus 1. Brajendra Bahadur Sinha, son of late Amrendra Bahadur Sinha. 2. Ranjit Bahadur Sinha, son of late Amrendra Bahadur Sinha. Both are resident of Mohala Lah Bazar Road, Salempur, P.O. and P.S. Chapra Town, District Saran. --------- Plaintiffs/Opposite Parties ----------- 3 10.12.2010 Having heard learned counsel for the petitioner on the issue of maintainability of the civil revision application, this Court is satisfied that as the suit for eviction was filed both on account of personal necessity and default in payment of arrear of rent, the impugned order is appealable as was held by the Apex Court in the case of M/s Bharat Roadways & Anr. Vs. Shailendra Kumar Birla reported in 1984 PLJR SC 47. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw this application in order to file an appeal. This application is accordingly permitted to be withdrawn with the aforesaid liberty. Rsh (Mihir Kumar Jha, J.)